The existence of those human beings who do not confirm to their gender has been documented through human history The term transgender is deeply rooted in Indian history, it has been an umbrella term. The problems that transgender are facing are more of a psychological rather than a social problem. They are still not accepted and recognized in the society. Transgender is a term for those people who do not fall either under male category or under female category.
Transgender are usually defined as those “people relating to or being a person who identifies with or expresses a ender identity that differs from the one which corresponds to the person’s sex at birth. ” Transgender are those who have a different gender identity than the gender they had at birth, their gender does not identifies with the gender role assigned to them. Segment Freud in the Schubert case (191 1) interpreted the term transgender as a conversion of homosexuality.
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The Berkeley Gender Equality Resource Centre defines a transgender as a person who defines mismatch of the sex that they were born as and the sex they identify ass These individuals’ internal identities usually do not match their ex that is assigned at birth and they feel to correct their anatomy through hormonal use, genital reconstruction surgery and corrective surgery. For example, people who are born with a particular anatomy but they feel that they have been born into a wrong body and seek to change their sex by taking hormonal injections and prefer to have sex reassignment surgery.
You are defined as transgender under NEWS anti discriminatory laws if ; you are identified as the opposite gender to your gender at birth and live as your identified gender you identify as the opposite gender to your birth gender and seek to live as identified gender you are interstitial (born with indeterminate sex, for example you have sexual part of both the sexes) and you live as a identified gender; you are thought of as a transgender person. Transgender people had no protection under any federal, state or anti- discriminatory laws.
The major reason for this exclusion is deemed to be that there is no proper recognition of this gender status of ‘hajjis’ or other. Transgender people. The lack of recognition is creating a serious hindrance in exercising their fundamental as well as civil rights. “Recognition of transgender as a third gender is not a social or medical issue but a human rights issue. ” They are being excluded in many spheres of the society I. E. Political, social, cultural and economic spheres. There are few questions likely to be put up to consider the status of transgender in sports.
What are the real challenges faced by transgender? What are the various international instruments as well as provision in India for protection of transgender? Why the transgender should be entitled to benefit of reservation in the field of sports? 5 EXPULSION FROM ECONOMIC PARTICIPATION AND LACK OF EMPLOYMENT OPPORTUNITY Usually hajjis are not accepted by their family members, they do not get any kind of support from their family in the long run. Transgender have been facing many kind of challenges , discrimination and inequality in he society. , workplace etc.
Established rules and gender norms at workplace makes it difficult for transgender to cope up with. Such traditional rules and workplace. Moreover some employers don want to employ transgender since they are gender biased. This kind of discrimination makes it difficult for transgender to earn their livelihood. EXPULSION FROM POLITICAL PARTICIPATION-Transgender are being discriminated in political spheres as well, they have limited opportunity to context elections and vote. The right to context election still has to be taken into consideration.
Transgender have a option to vote in the elections as ‘other’ or as women. The legal validity of voter’s identity card is still in question. Transgender had contested election in the past but their victory was still a question because that person contested election as ‘women’ which was considered as illegal and cheating. INTERNATIONAL INTERMENTS FOR PROTECTION There are various kinds Of international instruments for protection Of human rights. International treaties are the basic foundation of International legal system to keep a check on any kind of discrimination and for protection of human rights.
These binding treaties are used as an instrument to force the government to abide by the provisions of the treaty that are relevant for protection of the rights of LUST. They address issues like harmful effects of discrimination on grounds of sex, gender etc, violation of rights such as right to privacy, equal protection of law and equality before law. UN Human Rights convention are the basis for protection of human rights; and rights of LUST. The provisions for protection and promotion of human rights are enshrined in the important treaties : International Covenant on Civil and Political
Rights(LCP) and International Covenant on Economic, Social and Cultural Rights(lesser). On 1 7/June/2011 the Human Rights Committee adopted a resolution which emphasized that the rights and values of all people should be equal regardless to gender identity and sexual orientation. CIVIC was adopted on 1 966 by UN General Assembly and came into force on 1976. There are two main important provisions enshrined under this Covenant regarding non discrimination and protection and promotion for individual rights I. E. Article 2 and Article 26. 1.
Each State Party to the Covenant undertakes to respect and ensure that the individuals within its territory and jurisdiction enjoy the rights recognized in the Covenant, without any kind of discrimination, such as color, sex, race, politics, public opinion, national or social origin, property, birth or other status. 2. Each State Party undertakes to take the necessary steps, in accordance with its constitutional processes with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant. . Each State Party to the present Covenant undertakes: a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy. (b) To ensure that any person claiming such a remedy shall have his right to determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy; (c) To ensure that the competent authorities shall enforce such remedies when granted.
Article 26 All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 6 In the landmark case Tone v.
Australian the Commonwealth Government passed a law overriding Tasmania law of crystallizing homosexual In this case the author was an activist for promotion of rights of homosexuals of Tasmania , he challenged sec 122 (a) and (c) and sec 123 of his country which criminals sexual contact between en I. E. Homosexuals men. His argument was that the domestic criminal code of his country were discriminatory sine they prohibited all types of sexual contact between men and violated of article ) and article 26 of International Covenant on Civil and Political Rights (CIVIC).
The Human Rights Committee found that there was violation of CIVIC under article 2(1) with article 17 on the part of the state held that states are obliged to protect individuals from non discrimination and observed that law that criminality and penalties private, adult and same sex relations violates right to privacy ND right to non discrimination. The committee also agreed that Australia had committed breach of the obligations of the treaty.
Since the Tone case, the Committee and other treaty bodies have supported other states to repeal the laws that criminals same sex relations and urged the other states to take appropriate measures for discrimination. The European Convention On Human Rights and Fundamental Freedoms does not states sexual orientation as a ground for discrimination whereas under Article 13 of under the SEC Treaty the council Of European union has an option to take measures to prevent discrimination on the various grounds including sexual orientations.