THE GREAT TRANSFORMATION Towards a holistic approach for healthier and happier trans communities in Latin America and the Caribbean Perspectives from and.

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THE GREAT TRANSFORMATION Towards a holistic approach for healthier and happier trans communities in Latin America and the Caribbean Perspectives from and exchanges with other regions Vivek Divan & Ludo Bok, UNDP HIV Practice, New York 22 July 2012 AIDS 2012, Washington DC 1

Structure of the presentation The Global Commission on HIV and the Law & Transgender People The law & transgender people – examples of progress from other regions UNDP’s work on transgender issues 2

Global Commission on HIV & the Law FINDINGS 1.In many countries, by law or by practice, transgender persons are denied acknowledgment as legal persons. A basic part of their identity - their gender - is unrecognised. 2.Many jurisdictions also prohibit the basic daily expression of self, where cross- dressing is an offence. 3.Violence (by the police and citizenry) against transgender people is often condoned by the State. 4.Such marginalisation contributes to increased marginalisation, exposure to HIV and disproportionately rare use of HIV prevention, treatment, care and support services in support of transgender people. 5.There has been some progress – legislation that recognises transgender persons and their rights - legal sex change, registration of identification documents in accordance with lived gender, recognition of alternative/ third genders and prohibition of discrimination against people of non-conforming gender. 3

Global Commission on HIV & the Law RECOMMENDATIONS Calls countries to: Offer transgender people access to effective HIV and health services and commodities Repeal all laws that criminalise transgender identity or associated behaviours, including cross-dressing Respect existing civil and religious laws and guarantees related to the right to privacy. Remove legal, regulatory or administrative barriers to the formation of community organisations by or for transgender people. Explicitly prohibit discrimination based on gender identity Allow for affirmation of transgender identity in identification documents, without the need for prior medical procedures such as sterilisation, sex reassignment surgery or hormonal therapy. 4

Progress on law & rights of transgender people -NEPAL: the Supreme Court recognises a third gender – metis in Sunil Babu Pant v Govt of Nepal -INDIA (Tamil Nadu): government order requiring: -health department to undertake sensitisation programme on transgender issues; -family counseling made mandatory so that children with gender identity issues were not disowned by their families; -prohibition of discrimination against transgender persons in educational establishments with violations being addressed through disciplinary action; -survey of transgender persons to be undertaken in order to identify their issues of concern and provide appropriate assistance; -vocational and skills development training was to be provided and small loans to assist transgender persons; -district authorities to provide opportunities for grievance redressal on a quarterly basis exclusively for transgender persons when their concerns on access to identity cards and social welfare benefits would be taken up. -INDIA (Tamil Nadu): An isolated but important case (Jayalakshmi v Tamil Nadu) in which the Madras High Court stepped in to make police officials accountable for the death of a transgendered person – disciplinary action and compensation to the family. 5

Progress on law & rights of transgender people -PAKISTAN: Supreme Courts orders government to issue ID cards and affirmative action in civil service jobs; monitors implementation of the judgment -AUSTRALIA: a court ordered hormonal treatment to be given to a 13-year old who identified as male but was anatomically female (Re Alex) -SOUTH KOREA: a court convicted a male of raping an MTF transsexual (under a law, which applies only to a “woman”) -SWEDEN: anti-discrimination law prohibits discrimination on the ground of “transgender identity or expression” - including transgendered individuals who are not undergoing or intending to undergo gender reassignment. 6

UNDP Support on Transgender Issues 1. Transgender People’s Global Consultation 2. Support establishment and work plan of Transgender Working Group – Literature review on transgender issues – Survey among transgender community 3. Studies: UNDP/APCOM study and APTN study 4. Cities project 7