Discrimination and Violence against LGBTQI Persons

2012

This report addresses complex issues related to discrimination on the grounds of gender identity and gender expression, as well as discrimination on grounds of sex vis-à-vis intersex people. The report also clarifies the definitions used in the context of trans discrimination, and the terms used by the community to represent the diversity within it. This study highlights the obstacles and negative attitudes faced by this community and the difficulties with regard legal recognition and rights. The report also extensively examines the influence of EU law, including case law, on trans discrimination and provides case studies of national legislation and case-law on gender identity and gender expression discrimination of some Member States where there are promising approaches which can and should serve as models for others to follow.

Florida Journal of International Law, 2021

This Article is a comparative study exploring how the law impacts Transgender rights and Transgender access to justice. In countries where the law is hostile to Transgender rights, such law perpetuates structural violence, promotes discrimination and persecution, causing direct violence against Transgender populations. In countries where the law is more progressive, an interesting phenomenon exists. In these countries, where Transgender lives can be more openly lived, Trans-violence rates are noticeably higher than in countries where Transgender rights are restricted. This scholarship was developed with an eye towards reforming the law in countries with problematic legal structures and continuing efforts to protect Transgender lives in more progressive countries. I hope that this Article, researched and written at the intersection of Transgender life and law, provides an engine for greater discussion on how Transgender populations can be better protected, allowing them to live freely under the letter and spirit of the Universal Declaration of Human Rights.

2016

The transgender community is a small subculture within the LGBTQ community that has endured a lot of discrimination from a predominantly cisgender society. Cisgender is a term used to describe people who identify with the sex they were assigned at birth, and transgender is a term used to describe people who identify with a gender different from the sex they were assigned at birth. This research will examine the history of the oppression that this community has faced with a focus on the current situation and an outlook for the future. Literature on the topic will be reviewed as well as a discussion of current legal changes affecting trans people. The goal of this paper is to bring to light a community that is not well-understood and to expose the oppression that occurs within it. The ambition of this paper is to raise awareness, with the hope of reducing future oppression and discrimination towards trans and gender non-conforming people. Although many of those in the LGBTQ community ...

QUT Law Review, 2012

Speaking Out documents the outcomes of the largest ever study to examine homophobic and transphobic abuse and reporting in Queensland, Australia. It reports the results of a quantitative survey on victimisation of lesbian, gay, bisexual, transgender, intersex, and queer (LGBTIQ) people and how this victimisation is reported to police. Follow-up qualitative interviews and focus groups were also conducted with LGBTIQ people to examine the impact of this abuse and the reporting to police. This research is timely as we can sometimes assume LGBTIQ victimisation is a historical problem and may be settled by the idea that relations with police are in good shape. This book clearly demonstrates that we have some way to go before we can be assured these issues have been resolved.

Sexual Health, 2017

Background: The legal status of transgender (trans) people is in constant flux. Over the past 70 years, gradually increasing transgender visibility, national and global advocacy, and, more recently, widespread Internet access, communication, and broadening support from allies, have all contributed to successful campaigns that have improved transgender lives and legitimised transgender. Still, traumatic interactions with the legal system or policing agencies remain plentiful. This is a very general overview of the most common legal issues confronting trans people. It aims to inform medical and mental health providers about the trepidation with which their patients and clients must engage legal systems, and the scope of their concerns, which ultimately affect their health. This review relies upon reports generated by advocacy organisations based on population surveys in several countries, the projects undertaken by legal and human rights advocacy groups, the topics most frequently discussed in academic texts examining transgender legal issues, and draws upon the author's personal advocacy experience. The most complicated and persistent issues are identity recognition, family law and relationship issues, adverse discrimination and anti-transgender violence and its aftermath. Criminal law, almost universally, treats trans people according to the lowest common denominator, their genital status, which supposedly supports expediency and "safety". Global legal and human rights efforts remain desperately needed to lift transgender people from the margins of society and provide them with equal opportunities to lead healthy and fulfilling lives. Access to appropriate and meaningful health care is a crucial element necessary to affirm the humanity of any person.

Godzisz, P. & Viggiani, G. (eds.) Running through Hurdles: Obstacles in the Access to Justice for Victims of Anti-LGBTI Hate Crimes, Warsaw: Lambda Warsaw Association, 2018

Abstract of edition: Across the European Union, LGBTI people face discrimination and violence based on their sexual orientation, gender identity, gender expression or sex characteristics. Most incidents are not reported which impedes the possibility to investigate hate crimes and prosecute offenders. Lack of reports renders the problem of anti-LGBTI hate crimes invisible to the public and may prevent authorities from acknowledging and addressing the problem. As a result, victims often suffer in silence and their rights may not be fully respected. By reviewing the legal and policy frameworks and analyzing the institutional deficiencies in reporting and recording anti-LGBTI hate crime and access to victim support in ten EU countries, this report sheds much needed light on the obstacles in the access to justice, faced by victims of anti-LGBTI hate crimes in the EU. Summary of Chapter for Greece: - There are several new measures and the legal framework is stronger than in the past; however, they are still not implemented as many of the provisions envisaged require reform of existing structures and procedures. - The phenomenon of anti-LGBTQI is still rather controversial in Greece and creates conflict. - There is a significant lack of expertise in recognizing and reporting, as well as supporting victims within a holistic model. - Specialized training was acknowledged as needed in most parts of the research; as there is, indeed, a lack of knowledge of the conceptual framework of anti-LGBTQI hate crime. - Underreporting is still a problem in Greece. Significant efforts have been made to improve this but much remains to be done. - There is an absence of standardized procedures that are realistic and capable of implementation. - There are a number of very good practices through which support is provided and underreporting is minimized, mostly provided by civil society organizations. These could be used as examples by the State, and applied to official services. - State agencies and non-governmental reporting centers are creating specific protocols for supporting anti-LGBTQI hate crime victims in order to avoid secondary victimization and ensure long-term protection. - A strong cooperation strategy is needed in order to ensure adequate recording of cases. - There is a need to increase the visibility of services as well as the necessity [or impact] of them in order to highlight [and/or combat] the phenomenon. - Official data collection on anti-LGBTQI hate crimes was absent until recently. In order to deal with the lack of official data and coordinate the different civil society reporting actors an initiative was undertaken by the UN Refugee Agency and the (Greek) National Commission for Human Rights. Today, Greek police record hate crimes more systematically, but there is still room for improvement. This publication was produced as part of the project "Come Forward: Empowering and Supporting Victims of Anti-LGBT Hate Crimes", co-funded by the REC Programme (2014 – 2020) of the EU. The content of this publication does not reflect the official opinion of the European Union. Responsibility for the information and views expressed in the publication lies entirely with the author(s).

Rethinking Transphobia in the UK: What's Wrong with Rights?, 2023

I spent a long time thinking about how to approach this paper beginning with the most basic question-how did we get here? Why are we, in the year 2023 having to have a conference addressing the very fact of why a relatively small population are dehumanized on a daily basis by the state, the healthcare system, the education system, the media, the legislative process, religious institutions and ultimately individuals purely for existing?

2010

DISCLAIMER: This study has been commissioned as background material for a comparative report on homophobia and discrimination on grounds of sexual orientation by the European Union Agency for Fundamental Rights. The views expressed here do not necessarily reflect the views or the official position of the FRA. The study is made publicly available for information purposes only and does not constitute legal advice or legal opinion. Legal Study on Homophobia and Discrimination on Grounds of Sexual Orientation and Gender Identity