Rights of Transgender: National and International Legal Protection
This study focuses on the rights of transgender persons, who are a vulnerable human group facing a lot of challenges. Transgender persons are humans whose gender identity is not in alignment with birth sex. International Human Rights treaties do not specifically protect gender non-conforming people, but general treaties for the protection of Human Rights are interpreted to include transgender persons. International Human Rights Law aims at making states conscious of universal Human Rights and binding states to address such rights in their domestic legal frameworks. For this purpose, this study analyses the legal protections available to transgender persons in the United States of America (USA), the United Kingdom (UK), and Pakistan. The USA has no specific legislation yet at the federal level, but multiple case laws extend the general protection of fundamental rights to transgender persons. The UK has protected the rights of transgender persons actively by legislating on the matter. Pakistan is the first and only Muslim State which enacted the law to specifically protect the transgender community. This study further analyses Islamic law and its implication in the Muslim States concerning the rights of transgender persons. In Islamic law, there is no specific evidence against the rights of transgender persons. In the Muslim States, there has been a conservative approach of societies and governments towards transgender persons, which is by no means justified leading to years of misfortune for transgender persons. This study finds that, although constitutions of many jurisdictions guarantee equal protection to all citizens, laws are still not adequate for the protection of the rights of transgender persons because the vulnerable groups of society need additional and specific legal protections.
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