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A transgender person is someone whose gender identity is inconsistent or not culturally associated with the sex they were assigned at birth and also with the gender role that is associated with that sex. They may have, or may intend to establish, a new gender status that accords with their gender identity. Transsexual is generally considered a subset of transgender , [1] [2] [3] but some transsexual people reject being labelled transgender.
Globally, most legal jurisdictions recognize the two traditional gender identities and social roles, man and woman , but tend to exclude any other gender identities and expressions.
However, there are some countries which recognize, by law, a third gender. That third gender is often associated with being nonbinary. There is now a greater understanding of the breadth of variation outside the typical categories of "man" and "woman", and many self-descriptions are now entering the literature, including pangender , genderqueer , polygender , and agender.
Medically and socially, the term "transsexualism" is being replaced with gender incongruence [8] or gender dysphoria , [9] and terms such as transgender people , trans men , and trans women , and non-binary are replacing the category of transsexual people. Most of the issues regarding transgender rights are generally considered a part of family law , especially the issues of marriage and the question of a transgender person benefiting from a partner's insurance or social security.
The degree of legal recognition provided to transgender people varies widely throughout the world. Many countries now legally recognize sex reassignments by permitting a change of legal gender on an individual's birth certificate. In many countries, some of these modifications are required for legal recognition. In a few, the legal aspects are directly tied to health care; i. the same bodies or doctors decide whether a person can move forward in their treatment and the subsequent processes automatically incorporate both matters.
In some jurisdictions, transgender people who are considered non-transsexual can benefit from the legal recognition given to transsexual people. In some countries, an explicit medical diagnosis of "transsexualism" is at least formally necessary.
In others, a diagnosis of "gender dysphoria", or simply the fact that one has established a non-conforming gender role, can be sufficient for some or all of the legal recognition available.
The DSM-5 recognizes gender dysphoria as an official diagnosis. The Constitution of South Africa forbids discrimination on the basis of sex, gender and sexual orientation amongst other grounds. The Constitutional Court has indicated that "sexual orientation" includes transsexuality. In Parliament enacted the Alteration of Sex Description and Sex Status Act , which allows a transgender person who has undergone medical or surgical gender reassignment to apply to the Department of Home Affairs to have the sex description altered on their birth record.
Once the birth record is altered they can be issued with a new birth certificate and identity document , and are considered "for all purposes" to be of the new sex. The procedure for gender reassignment is not illegal in Egypt, however, the complication and stigmatisation has put transgender people through mental and physical assault along with torture, as per Human Rights Watch.
Reportedly, the statistics of criminal acts committed against the transgender community have not been available because they have had a history of going unreported.
In September , the Botswana High Court ruled that the refusal of the Registrar of National Registration to change a transgender man's gender marker was "unreasonable and violated his constitutional rights to dignity, privacy, freedom of expression, equal protection of the law, freedom from discrimination and freedom from inhumane and degrading treatment".
LGBT activists celebrated the ruling, describing it as a great victory. A similar case, where a transgender woman sought to change her gender marker to female, was heard in December The High Court ruled that the Government must recognise her gender identity. In the Chinese government made it illegal for minors to change their officially listed gender, stating that sexual reassignment surgery, available to only those over the age of twenty, was required in order to apply for a revision of their identification card and residence registration.
In early the Shanxi province started allowing minors to apply for the change with the additional information of their guardian's identification card. This shift in policy allows post-surgery marriages to be recognized as heterosexual and therefore legal. Transgender youth in China face many challenges.
One study found that Chinese parents report 0. Among birth-assigned females, 2. According to a survey conducted by Peking University, Chinese trans female students face strong discrimination in many areas of education. Chinese students are required to attend all the activities according to their legal gender marker, otherwise they will be punished.
It is also difficult to change the gender information of educational attainments and academic degrees in China, even after sex reassignment surgery , which results in discrimination against well-educated trans women.
The Court of Final Appeal of Hong Kong ruled that a transsexual woman has the right to marry her boyfriend. The ruling was made on 13 May On 16 September , Eliana Rubashkyn a transgender woman claimed that she was discriminated and sexually abused by the customs officers, including being subjected to invasive body searches and denied usage of a female toilet, although Hong Kong officers denied the allegations. In April , the Supreme Court of India declared transgender to be a 'third gender' in Indian law.
The Transgender Persons Protection of Rights Act, , was passed by Parliament in November , and came into effect on 11 January It protects transgender individuals against discrimination in education, employment and healthcare.
It recognizes the gender identity of the individual, and there are provisions in the law for a certificate to be issued with their new gender identity.
There have been reservations among some in the transgender community, both regarding the difficulty of obtaining a certificate, and because of lack of awareness and lack of sensitivity to the issue among local public officials. Protesters noted the provision for certification, but criticized the fact that this would require people to register with the government in order to be recognized as transgender.
They also criticized the inequality in herent in the vast differences in punishment for the same crime, such as sexual abuse, committed against violating a transgender or cisgender individual. Beginning in the mids, transgender individuals were officially recognized by the government and allowed to undergo sex reassignment surgery. Officially the leader of Iran's Islamic Revolution , Ayatollah Ruhollah Khomeini , issued a fatwa declaring sex reassignment surgery permissible for "diagnosed transsexuals".
Additionally, the Iranian government's response to homosexuality is to pressure lesbian and gay individuals, who are not in fact transsexual, towards sex reassignment surgery.
On 10 July , the National Diet of Japan unanimously approved a new law that enables transsexual people to amend their legal sex. It is called 性同一性障害者の性別の取扱いの特例に関する法律 Act on Special Cases in Handling Gender for People with Gender Identity Disorder [] [] [] The law, effective on 16 July , however, has controversial conditions which demand the applicants be both unmarried and childless. On 28 July , Naha Family Court in Okinawa Prefecture returned a verdict to a transsexual woman in her 20s, allowing the sex on her family registry record or koseki to be amended from male to female.
It is generally believed to be the first court approval under the new law. However applicants are required to be at least 20 years old, single, sterile, have no children under 20 the age of majority in Japan , as well as to undergo a psychiatric evaluation to receive a diagnosis of " Gender Identity Disorder ", also known as gender dysphoria in western countries.
There is no legislation expressly allowing transsexuals to legally change their gender in Malaysia. The relevant legislations are the Births and Deaths Registration Act and National Registration Act Therefore, judges currently exercise their discretion in interpreting the law and defining the gender. There are conflicting decisions on this matter. There is a case in where the court allowed a transsexual to change her gender indicated in the identity card , and granted a declaration that she is a female.
In Pakistan, some members of the LGBT community have started undergoing acts of sex reassignment surgery to change their sex. There are situations where such cases have caused media attention. In , the Pakistan Supreme Court made a ruling in favor of the transgender community.
The landmark ruling stated that as citizens they were entitled to the equal benefit and protection of the law and called upon the Pakistani government to take steps to protect transgender people from discrimination and harassment.
In , the Pakistani government passed the Transgender Person Protection of Rights Act which officially established the legal right of transgender people in Pakistan to identify themselves as such and instituted anti-discrimination laws. These include recognition of transgender identity in legal documents such as passports , identity card, and drivers licences, along with prohibiting discrimination in employment, schools, workplaces, public transit, healthcare, etc.
The bill also included the right for inheritance in accordance to their chosen gender. Furthermore, the bill obligates the Pakistani government to build protection centers and safe houses for the specific purpose of being used by the transgender community in Pakistan.
The Court of Cassation, the highest court in Jordan allowed a transsexual woman to change her legal name and sex to female in after she brought forth medical reports from Australia. The head of the Jordanian Department of civil Status and Passports stated that two to three cases of change of sex reach the department annually, all based on Medical Reports and Court orders. The Supreme Court of the Philippines Justice Leonardo Quisumbing on 12 September , allowed Jeff Cagandahan, 27, to change his birth certificate , gender and name:.
We respect respondent's congenital condition and his mature decision to be a male. Life is already difficult for the ordinary person. We cannot but respect how respondent deals with his unordinary state and thus help make his life easier, considering the unique circumstances in this case. In the absence of a law on the matter, the court will not dictate on respondent concerning a matter so innately private as one's sexuality and lifestyle preferences, much less on whether or not to undergo medical treatment to reverse the male tendency due to rare medical condition, congenital adrenal hyperplasia.
In the absence of evidence that respondent is an 'incompetent,' and in the absence of evidence to show that classifying respondent as a male will harm other members of society the court affirms as valid and justified the respondent's position and his personal judgment of being a male. Court records showed that at age six, he had small ovaries ; at 13, his ovarian structure was minimized, he had no breasts and did not menstruate.
The psychiatrist testified that "he has both male and female sex organs, but was genetically female, and that since his body secreted male hormones, his female organs did not develop normally. This ruling, however, only applied to cases involving congenital adrenal hyperplasia and other intersex situations. if they are transsexual and have undergone sexual reassignment surgery. In , the Court overruled a lower court decision and found that another individual could not legally change name and sex from male to female, as it would have "serious and wide-ranging legal and public policy consequences," citing the institution of marriage in particular.
In South Korea, it is possible for transgender individuals to change their legal gender, although it depends on the decision of the judge for each case. Since the s, however, it has been approved in most of the cases. The legal system in Korea does not prevent marriage once a person has changed their legal gender. In , the Supreme Court of Korea ruled that transsexuals have the right to alter their legal papers to reflect their reassigned sex.
A trans woman can be registered, not only as female, but also as being "born as a woman". While same-sex marriage is not approved by South Korean law, [] a transsexual woman obtains the marital status of 'female' automatically when she marries to a man, even if she has previously been designated as "male". In a court ruled that transsexuals can change their legal sex without undergoing genital surgery.
Transgender people in Taiwan need to undergo genital surgery removal of primary sex organs in order to register gender change on both the identity card and the birth certificate. In , the government unveiled the new chip-embedded identity card, scheduled to be issued in late Gender will not be explicitly displayed on the physical card, although the second digit of national identification number reveals gender information anyway "1" for male; "2" for female.
With the inception of new identity card, a third gender option using digit "7" as the second digit of national identification number will be available to transgender persons alike.
After same-sex marriage law became effective on 24 May , transgender persons could marry a person of the same registered gender. A majority of countries in Europe give transgender people the right to at least change their first name, most of which also provide a way of changing birth certificates.
Several European countries recognize the right of transgender people to marry in accordance with their post-operative sex. Croatia , Czech Republic , Denmark, Finland, France, Germany, Ireland, Italy, the Netherlands, Norway, Poland, Portugal, Romania, Sweden, Spain, and the United Kingdom all recognize this right.
The Convention on the recognition of decisions regarding a sex change provides regulations for mutual recognition of sex change decisions and has been signed by five European countries and ratified by Spain and the Netherlands. In Finland, people wishing to change their legal gender must be sterilized or "for some other reason infertile".
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Many operate text-in services on short codes or mobile number ranges, whereas others use lower-cost geographic text-in numbers. An inflammation of the tendons in the thumb caused by constant text-messaging is also called text-messager's thumb, or texting tenosynovitis. High Court of Australia. Archived from the original on 3 July Retrieved 12 September International Herald Tribune. Main article: Transgender rights in Hong Kong.
The reasons for lower uptake than other countries are varied. The Legal Gender Recognition Bill followed a 20 July decision of the County Court of Is binary option legal in philippines, which ruled that a person who wants to change their legal gender on the Registry Office files is no longer obliged to already have undergone a sex reassignment surgery. About billion messages were sent in There are two types of short codes: dialling and messaging. PMC Archived from the original on 12 November Intersex people were previously referred to as " hermaphrodites " or "congenital eunuchs ".