Human Rights Commissioner Says The Cost Of Limiting Gender Rights Under Legislation
A sense of belonging and being part of a community are vital for each of us. Community is where we find support, understanding, and a sense of home.
International Day Against Homophobia, Biphobia, Intersexism & Transphobia (IDAHOBIT) on May 17 is a global day to raise awareness and advocate for the rights of LGBTQIA+people. This year's theme is 'The power of communities'.
'It is a reminder of the importance of connection and collective action when human rights are threatened. Rainbow people are part of every community and like everyone, often identify with more than one,' says Disability Rights Commissioner and Rainbow Rights spokesperson, Prudence Walker.
'Community support and advocacy can help create safe and accepting environments for everyone to live authentically, to be ourselves.'
However, recent developments in Aotearoa and overseas raise concerns about increasing discrimination against some groups.
'Attacks on the rights of trans, non-binary, and intersex people internationally are having ripple effects here in Aotearoa. I don't believe that is who we are as a country. We have data that shows the overwhelming majority of New Zealanders believe that trans people should be protected from discrimination,' says Walker.
'The laws of other countries are not our laws. Those are not our values.' Trans and non-binary people in Aotearoa already experience disproportionately high levels of psychological distress due to discrimination, barriers to healthcare and threats to their safety. Legislation that threatens to limit rights about gender identity can compound this further, and will likely impact cis women, intersex people and children too. There will be particular impacts for Māori, Pasifika and other Indigenous peoples who have always had diverse expressions of gender and sexuality. Te Tiriti o Waitangi affirms the right of tangata whenua to uphold tino rangatiratanga over their sexuality, gender, gender expressions, and sex characteristics.
Equal Employment Opportunities Commissioner and Women's Rights spokesperson, Professor Gail Pacheco, says inclusion of trans women in the definition of 'woman' is not only protected under international human rights standards, but it's crucial for wellbeing.
'All people deserve to have a sense of belonging. The Commission acknowledges and celebrates the diversity of women in Aotearoa and the value and strength that diversity brings to our communities,' says Pacheco.
The date of May 17 marks the anniversary of the World Health Organization's decision in 1990 to declassify homosexuality as a mental illness. 'While we've come so far together since those dark days, even now many people still live in fear of existing as their authentic selves,' says Walker. 'We cannot go back to a time when discrimination against Rainbow people was normalised in legislation and in public attitudes. The cost is people's lives and it's unacceptable.'
'Trans, non-binary, and intersex people are taonga and have existed forever. They will continue to do so with the same rights as others, including to be free from discrimination, violence and abuse,' she adds. 'Communities can use their power to support everyone's sense of identity and belonging, and to speak out against harmful legislation. We owe it to ourselves and to future generations to create a society that values inclusivity, equality, human rights, and lives of dignity for all.'
Notes:
• The Commission published a guide to 'Trans Rights and Human Rights' last year to help transgender people access this information
• More data about trans and non-binary people's experiences can be found in the
Counting Ourselves Health Survey.
• The United Nations treaty body, the Committee on the Elimination of Discrimination against Women (CEDAW) has made it clear that 'women', as that term is used in CEDAW, includes trans women, and accordingly, all the rights and protections in CEDAW extend to trans women.
• While Te Kāhui Tika Tangata Human Rights Commission can't make findings or decide if the law has been breached, it can help by providing information and support and in some cases can offer a dispute resolution process for complaints.
If someone has experienced unlawful discrimination, they can make a complaint via our website or by contacting us on 0800 496 877 or infoline@tikatangata.org.nz
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