Challenging equality: human rights for trans-identified communities.

• Author: Luhtanen, Melissa
• Position: Human rights law

Sex-and-gender diversity issues are increasingly in the headlines and on the minds of Canadians. While recently same-sex marriage has been at the forefront of the equality debate regarding these communities, other important issues are also working their way through the legal system. A major place of reform is in the area of transsexual and transgendered rights. Gender diversity issues have often been tagged on to the fight for sexual orientation equality because there has been no other forum for them to be heard. The truth is that rights for transsexual and transgendered (trans) people often get overlooked and treated as if they are fringe rights, rather than at the core of human rights.

Trans-identified

Gender identity is an internal sense of oneself as male or female. The term 'transsexual' is for individuals who do not identify with their birth gender. Psychologically, a transsexual person may feel trapped in the wrong gendered body. The term 'transgendered' is more of an umbrella term which groups transsexuals in with other kinds of gender diversity such as cross-dressing, transvestites, or drag queens. Some transsexuals use the term transgendered to define themselves while they are in the process of transitioning out of their birth gender.

The legal issues that arise from having a gender identity that does not match one's birth gender are numerous and complex. Many of these issues challenge society's constructs around the dichotomy of gender and the solidity of being male or female. While the courts are beginning to hear gender identity cases, trans rights are far behind gay, lesbian, and bisexual rights.

Discrimination, Legal Issues, Trans Rights

Over 20 years ago, Quebec was the first province to protect against discrimination based on sexual orientation. After that, province by province gradually began to recognize the need to protect gay, lesbian, and bisexual complainants. Alberta only followed this trend in 1998 after the Supreme Court of Canada read in sexual orientation to Alberta's Human Rights, Citizenship and Multiculturalism Act.

In comparison, gender identity as an exact term has only been added to legislation in the Northwest Territories. Many other places protect trans rights by allowing people to make a complaint under the heading of gender.

Using gender as a cover for trans rights works for some complaints, but is not as inclusive as using the term 'gender identity'. Case law on transsexuality sometimes puts limits...