Tag Archives: transgender

Russia approves laws that ban transgender adoption and restrict LGBTQ+ visibility

Russia approves laws that ban transgender adoption and restrict LGBTQ+ visibility

Russia’s upper house of parliament approved two laws on Wednesday that will prohibit the visibility of LGBTQ+ people in media and ban citizens of countries that allow gender transitioning from adopting Russian children.

The first law amends Article 6.21 of the Code of Administrative Offences of the Russian Federation to prohibit “propaganda of non-traditional sexual relations and (or) preferences or gender reassignment.” While Article 29(1) of the Constitution of Russia guarantees freedom of speech and press, the law will amend Articles 10.6 and 15.1 of Federal Law No. 149, to prohibit the promotion of not having children on the internet, in media and advertising.

The law will impose fines of up to 400,000 rubles for individuals, fines of up to 800,000 rubles for officials and up to 5M rubles for legal entities on violators. Foreigners will face similar sanctions as Russian citizens but can be deported from Russia or arrested for up to 15 days.

The law on the adoption of Russian children will effectively restrict the adoption of Russian children to the roughly dozen countries that ban gender transitioning.

The approval of these laws marks continuing suppression of LGBTQ+ rights. Previously, the Russian Supreme Court ruled the LGBTQ+ movement was “extremist”. Russia also banned gender affirming surgery in 2023.

After its official publication, the laws will take effect in ten days.

Russia faces a low birth rate, aging population and a decline in population has been heightened by the invasion of Ukraine. The measures are intended to increase the country’s birth rate and restrict the cultural influence of the West.

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US House of Speaker restricts use of bathrooms to biological sex

US House of Speaker restricts use of bathrooms to biological sex

The Speaker of the US House of Representatives, Mike Johnson, restricted the use of gendered bathrooms in the House to biological members of each sex on Wednesday. The measure has triggered anger among legislators and advocates and has once again brought the issues of transgender rights and their inclusion in society to the agenda of national discussion.

This decision is based on House Resolution 1579, which states that single-sex facilities such as toilets, cubicles, and changing rooms can be used only by people of the biological sex they were assigned at birth. The bill was sponsored by Nancy Mace and was endorsed by the House Rules Committee. Supporters have framed the speaker’s policy as a necessary measure to protect the safety and dignity of individuals in single-sex spaces, particularly women. House Resolution 1579 explicitly cites concerns that allowing individuals who are biologically male to use facilities designated for women could compromise the privacy and security of female House members, officers, and employees. Proponents argue that this policy provides clarity and consistency, ensuring facility use within the Capitol aligns with traditional norms and expectations.

The enforcement mechanism outlined in the resolution places the Sergeant-at-Arms in charge of implementing the policy, reflecting an effort to ensure accountability and uniform application. Supporters, including the resolution’s sponsor, Representative Nancy Mace, contend that the measure is a workplace consideration to foster a respectful environment within the Capitol. By addressing these concerns, policy advocates assert that it represents a practical response to broader societal debates over privacy and safety in public spaces.

This policy stands in stark contrast to the ongoing efforts to address the epidemic of violence against transgender individuals. It was announced on the same day as Transgender Day of Remembrance, a solemn occasion created to honour the lives of transgender individuals lost to violence, as highlighted in a resolution introduced by Representative Pramila Jayapal. The resolution emphasizes the alarming rates of violence and discrimination faced by transgender individuals, particularly transgender women of colour. It underscores the need for inclusive policies that protect their safety and dignity. By implementing restrictive measures on such a significant day, the policy appears to disregard the critical struggles and vulnerabilities of the transgender community, further marginalizing an already targeted population.

The policy will likely face public and potentially public scrutiny in court as lawmakers and advocacy groups weigh its implications. For now, the decision places the Capitol building at the center of a national conversation about civil rights, equity, and the balance between privacy and inclusion.

The contrast between this policy and Transgender Day of Remembrance highlights the ongoing challenges in the fight for transgender rights. It shows that achieving true inclusion in government spaces and beyond is still a work in progress, and there’s to go before we can say the struggle is over.

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EU states must recognize gender changes obtained in other bloc countries, says top court

European Union states must recognize gender changes obtained in other bloc countries, says top court

See: https://www.lemonde.fr/en/european-union/article/2024/10/04/eu-states-must-recognize-gender-changes-obtained-in-other-bloc-countries-says-top-court_6728196_156.html

Judgment of the Court (Grand Chamber) of 4 October 2024.
M.-A.A. v Direcţia de Evidenţă a Persoanelor Cluj and Others.
Request for a preliminary ruling from the Judecătoria Sectorului 6 Bucureşti.
Reference for a preliminary ruling – Citizenship of the Union – Articles 20 and 21 TFEU – Articles 7 and 45 of the Charter of Fundamental Rights of the European Union – Right to move and reside freely within the territory of the Member States – Union citizen who has lawfully acquired, during the exercise of that right and his residence in another Member State, a change of his first name and gender identity – Obligation on the part of that Member State to recognise and enter in the birth certificate that change of first name and gender identity – National legislation which does not permit such recognition and entry, obliging the party concerned to bring new judicial proceedings for a change of gender identity in the Member State of origin – Effect of the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union.
Case C-4/23.

Articles 20 and 21(1) TFEU, read in the light of Articles 7 and 45 of the Charter of Fundamental Rights of the European Union,

must be interpreted as precluding legislation of a Member State that does not permit recognition and entry in the birth certificate of a national of that Member State of a change of first name and gender identity lawfully acquired in another Member State, when exercising the right to free movement and residence, with the consequence that that person is obliged to initiate, before a court, new proceedings for a change of gender identity in the first Member State, which disregard the change that was previously lawfully acquired in that other Member State.

See: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:62023CJ0004

USA: Texas city approves transgender bathroom ban

Texas city approves transgender bathroom ban

The city council of Odessa, Texas voted this week to approve a ban on transgender individuals’ use of bathrooms on city property that do not correspond with their sex assigned at birth.

Tuesday’s 5-2 vote amends a 1989 ordinance that made it “unlawful for any person to knowingly and intentionally enter any public restroom designated for the exclusive use of the sex opposite to his or her own…” The new amendments will expand the language to allow prosecution of transgender people for using bathrooms that align with their personal gender identification. Penalties include trespassing charges, fines, and liability for damages, including court costs and legal fees.

Restrooms in city libraries, parks, airports, and other government facilities are subject to the ban under the new language which includes, urinals, toilets, showers, and changing areas in the definition of restroom.

The Texas chapter of the American Civil Liberties Union condemned the new ordinance, calling it “shameful” while a spokesperson from PFLAG, an LGBTQ+ advocacy group, called the legislation “unnecessary” and “a complete waste of the city’s time, money, and resources.”

Texas Values president Jonathan Saenz who advocated for the bill insisted that the ordinance was needed align the language of the ordinance with “our current culture” while denouncing changes toward “long held beliefs” on gender and sex.

The bill includes exceptions for minors under the age of 12 accompanying an adult into a restroom for normal use, law enforcement, emergency medical aid, and custodial maintenance or repair.

Transgender rights have faced increasing restrictions in the Lone Star state with the Texas Supreme Court recently upholding a ban on gender affirming care for transgender youth. There are now fears that the Odessa bill could presage a statewide ban on the transgender people’s use of restrooms that align with their gender identity.

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Russia adopts bill banning adoption for countries that allow gender reassignment

Russia adopts bill banning adoption for countries that allow gender reassignment

Members of Russia’s State Duma, the country’s legislative authority consisting of 450 members, adopted a bill Wednesday which will ban the adoption of children from the Russian Federation by citizens in countries where gender reassignment is permitted, emphasizing the need to uphold “traditional values.” The bill was approved by an absolute majority of the State Duma members in the first reading, and will now become law.

Chairman of the State Duma, Vyacheslav Volodin, who proposed the bill, discussed the rationale behind the bill:

This decision is aimed at protecting childhood and traditional values. The absolute majority of State Duma deputies supported the adoption of this initiative. It is necessary to protect our children from the threats they may face when they are adopted or under guardianship by citizens of foreign countries where gender reassignment is legal.

This adoption ban comes just a year after Russian lawmakers passed a law banning gender-affirming surgeries for transgender people in the country. The bill prohibited transgender individuals from receiving hormone therapy, making changes of gender on official Russian documentation, and barred any who have already transitioned from adopting children. It also annulled transgender individuals’ marriages.

Russia has previously been restrictive with adoptions. In 2012, a federal law was passed to prohibit the adoption of Russian children by US citizens and in 2023. Russian media outlet RBC (РБК) reported in June that a decrease in adoption from foreigners of 89 per cent was registered in 2023, with only six children adopted by foreign nationals, due to the restrictive nature of such legislation. According to the presidential commissioner for children’s rights report, it is expected that the adoption of Russian children by foreigners will completely cease because of diplomatic tension heightened by current events.

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Turkey’s top court rules in favor of LGBT activist in landmark hate speech case

Turkey’s top court rules in favor of LGBT activist in landmark hate speech case

Turkey’s Constitutional Court has ruled in favor of a LGBT activist, declaring that a lower court’s refusal to block homophobic content targeting her was a violation of her rights, the Stockholm Center for Freedom reported.

Efruz Kaya, a civil society employee represented by the Media and Law Studies Association (MLSA), had requested an access ban on homophobic news reports published after she appeared in a video for “Trans Day of Remembrance” week in November 2019. Her requests were denied by a penal court of peace, prompting her to appeal to the top court.

The decision is the first of its kind from the Constitutional Court regarding the failure to prevent hate speech against LGBT individuals.

The ruling acknowledges that the rejection of Kaya’s request for an access ban infringed on her rights protected under Article 8 of the European Convention on Human Rights, which ensures respect for private and family life.

The court also concluded that her right to an effective remedy was violated, meaning she was not provided with an adequate legal resolution or recourse to address the harm she suffered.

In November 2019 Kaya participated in a “Trans Day of Remembrance” video. On November 21 and 22 the Yeni Akit, Doğru Haber and İlke news outlets published articles targeting Kaya’s sexual identity. Her request for the removal of these articles was rejected, and subsequent appeals by MLSA lawyers were also dismissed.

The top court approved Kaya’s request to block access to news reports containing derogatory terms such as “LGBT pervert” and “homosexual deviant.” Additionally, the court awarded Kaya TL 10,000 ($310) in non-pecuniary damages.

Homosexuality is not illegal in Turkey, but homophobia is widespread. While there are no official figures, Turkey has slid down the LGBT rights index published by the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA). Last year, it was ranked 47th out of the 49 countries ILGA lists in its Eurasia region.

The increase in hateful rhetoric against LGBT communities in Turkey coincided with President Recep Tayyip Erdoğan’s electoral alliances in recent years with ultranationalist and ultraconservative political factions.

More: https://turkishminute.com/2024/06/04/turkey-top-court-ruled-in-favor-of-lgbt-activist-in-landmark-hate-speech-case/

UN rights office denounces ‘horrendous’ attack on Tanzania transgender activist

UN rights office denounces ‘horrendous’ attack on Tanzania transgender activist

The United Nations Human Rights Office condemned an attack against transgender woman and activist Mauzinde in Tanzania on Friday, calling it “horrendous.”

Mauzinde, a resident of Rahaleo, was found abandoned in the forest, beaten and with her ears cut. The UN Human Rights office said that she had been “tortured & sexually assaulted by 12 men” and called for “bold action to combat discrimination against #LGBTIQ+ people and other minorities.”

The attack could be a violation of Mauzinde’s rights under international and Tanzanian law. Article 2 of the International Covenant on Civil and Political Rights mandates that “each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind,” such as sex or other status. Furthermore, Principle 2 of the Yogyakarta Principles stipulates that everyone is entitled to enjoy all human rights without discrimination on the basis of sexual orientation or gender identity. Principle 5 also emphasizes that everyone “has the right to security of the person and to protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual or group.”

Additionally, according to Article 13 of the Constitution of the United Republic of Tanzania, “all persons are equal before the law and are entitled, without any discrimination, to protection and equality before the law.”

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