More stories

  • in

    Britain going backwards on trans rights, warns first transgender judge

    For free real time breaking news alerts sent straight to your inbox sign up to our breaking news emailsSign up to our free breaking news emailsYoung trans people face a “very difficult and dangerous period” because the country has gone backwards in its attitudes, Britain’s first transgender judge has warned.High-profile debates over gender recognition and single-sex spaces have reversed public tolerance and increased abuse, according to Victoria McCloud, who served on the bench for more than a decade until returning to the bar earlier this year.She was speaking to The Independent at the start of Pride Month and as she is recognised in this year’s Independent Pride List, which celebrates Britain’s top 50 LGBT+ changemakers. New Doctor Who Ncuti Gatwa, former footballer Alex Scott, All of Us Strangers actor Andrew Scott and Labour frontbencher Wes Streeting join her at the top of the annual list, published on Sunday.It comes as transgender issues become caught up in pre-election culture wars, with the recent ban on puberty blockers, and Conservatives threatening to ban trans people from their chosen NHS wards – even though polls show the wider public has little interest.Ms McCloud, who was the youngest person appointed to the King’s Bench in 2010 aged 40, is now an associate tenant at Gatehouse Chambers.She said her experience of transitioning in the 1990s was “incredibly positive” and came at a time when “things were much more accepting”.“We’ve taken a few steps backwards recently,” she said. “It’s my turn to be on the receiving end of that.” So greatly have attitudes changed that she sees it as a “general acceptance” that it is “OK to abuse trans people”.Ms McCloud blamed a “sandwich generation” who were not old enough to be politically involved in the 2004 Gender Recognition Act but do not share the tolerant attitudes of younger Britons.It was this cohort’s parents who “passed the law that allowed me to change sex legally [and] gave me employment rights 20 years ago”, she said.While younger people embrace the trans community, the group in the middle “have suddenly come around to realising that trans people exist”.Now, she said, being trans is being seen as “a lifestyle choice, just as people used to believe that being gay was a lifestyle”, and that some people “simply don’t believe in the particular medical condition I was diagnosed with, and that I’ve experienced since age five”.Ms McCloud said she expects attitudes to eventually improve, saying there is hope for “for young trans people” but that first they will “have to tolerate a very, very difficult and dangerous period”.She also spoke of her decision to leave her role as a judge – a job she had wanted since watching Crown Court, a daytime TV drama in the 1970s.“I could see that the direction of travel was probably going to lead to me going eventually,” she said.She also spoke about her involvement in the forthcoming landmark court case in which campaign group For Women Scotland is seeking to remove the term “trans women” from the legal definition of the word “woman”. If the activist group wins, she said, “sex” would refer to biological sex at birth rather than whatever is recorded on gender recognition certificates – effectively reversing the GRC process for some 9,000 trans people, which she called the “ultimate personal violation” of having your sex changed “without your consent”.“I would be female for some things, like death and marriage, but I would be forced to be treated as male by employers, shops, goods and services,” Ms McCloud added. More

  • in

    Growing LGBTI+ Hate Shows the UN’s Need to Adapt

    Since February, security forces have arrested at least 24 people in Cameroon for alleged same-sex conduct or gender nonconformity. In Uzbekistan, videos showing the abuse, humiliation and beatings of gay men have been circulated around social media groups. In Poland, the government’s ongoing campaign against LGBTI+ people continues, with proposed legal changes to prevent same-sex couples from adopting children.

    The continuing persecution of LGBTI+ people is tragically under-acknowledged by the multilateral system. A failure to use the United Nations as a platform to raise these issues is a failure to understand one of its core purposes. There are no rights explicitly related to sexuality or gender identity codified in the Universal Declaration of Human Rights. Article 1 of the declaration accounts for factors such as language, religion and nationality, but relegates sexual and gender identity to “other status.”

    Football Is Ready for Openly Gay Players

    READ MORE

    Those who oppose LGBTI+ rights still have room to use the excuse that such rights are not fundamental, not universal or are beholden to regional and local interpretation.

    Oppressive States

    Free & Equal, the UN’s flagship campaign for promoting LGBTI+ rights, is a welcome step for the cause, using influential artists and activists as champions. Likewise, the 2017 standards of conduct for businesses on tackling discrimination against LGBTI+ people provides more resources for countering discrimination at the organizational level. The appointment of Victor Madrigal-Borloz as the UN’s independent expert on these issues was also a commendable move, in that it made LGBTI+ rights somebody’s job.

    While they do show support, none of these steps do anything to modernize the fundamental architecture of the UN system. Russian President Vladimir Putin recently signed a series of constitutional amendments to introduce a formal ban on same-sex marriage, showing that LGBTI+ hate is entrenched even in permanent member states of the Security Council, the UN’s most powerful branch. Campaigns and guidance may change some behavior, but they do not embed LGBTI+ rights into the UN’s cornerstone principles and agreements, meaning these rights still lack basic parity of esteem with other human rights.

    The United Nations Human Rights Office of the High Commission (OHCHR) argues that a specific set of LGBTI+ rights is unnecessary. Yet their absence leaves space for oppressive states to claim that they are less important or more fundamental than other rights. A campaign to introduce and ratify a set of specific rights safeguarding all aspects of sexual orientation, gender identity and expression, and sexual characteristics should be a priority for all countries. Doing so would send a strong message of solidarity to those LGBTI+ people living in repressive societies.

    Embed from Getty Images

    The Yogyakarta Principles offer a ready-made framework for codifying rules protecting sexual orientation, gender identity and expression, and sex characteristics (SOGIESC) into universal rights frameworks. A coalition of states publicly declaring its support for the principles would pile on the pressure at the UN, as would pushing for General Assembly votes for their adoption.

    There are currently 10 UN human rights treaty bodies, overseeing the protection of rights in areas including disability and migrant status. There is no treaty body safeguarding the rights of LGBTI+ people. Calls for the introduction and ratification of a new treaty providing safeguards for sexuality and gender identity would send a powerful message of support throughout the multilateral system.

    National Level

    Alongside multilateral action, countries should be stepping up their game at the national level. Having robust policies on support for LGBTI+ rights would bolster countries’ credibility and authority when pushing for reform at the UN level. For instance, Germany recently announced comprehensive new measures for the promotion of LGBTI+ rights abroad.

    Other states would do well to follow suit, providing comprehensive diplomatic training on LGBTI+ issues so that in-country staff can better understand the challenges and potential remedies around LGBTI+ persecution. Shoring up embassies’ commitment to offer support and protection for those facing persecution will also send a strong message to host governments that LGBTI+ discrimination will not be tolerated anywhere.

    Those countries with strong track records of support for LGBTI+ rights should also be working harder through existing UN mechanisms. More action should be taken through existing UN fora. The UN General Assembly’s Third Committee and Human Rights Council sessions should be regular venues for raising these issues.

    Here, sustained diplomatic and reputational pressure should be applied to countries that continue to persecute people based on their sexuality and/or gender identity at an institutional level. Using these venues to declare the many and varied forms of LGBTI+ persecution as a global crisis would demonstrate solidarity to those facing persecution and send a strong message of resolve to those perpetrating it.

    The resistance of certain states to particular rights is not a reason to believe that some types of discrimination are unavoidable. It is imperative to speak louder. More liberal countries that advocate for these rights should use every avenue to translate their vocal support into action, leading to tangible and long-lasting reforms at the UN and state levels. The current lackluster approach is a shame to all countries that purport to support equality for LGBTI+ people. They must do better.

    *[Fair Observer is a media partner of Young Professionals in Foreign Policy.]

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More