Seven UN Agencies: Surgery as a Condition of Legal Recognition is Forced Sterilization

June 6, 2014

WHO Report CoverIn “Eliminating forced, coercive and otherwise involuntary sterilization – An interagency statement,” the World Health Organization (WHO) and several other UN agencies have recognized that sterilization without the “full, free and informed consent” of an individual is a violation of that person’s human rights.

The UN Health (WHO), Human Rights (OHCHR), Women’s (UN Women), Development (UNDP), Population (UNFPA), Children’s (UNICEF), and AIDS (UNAIDS) agencies issuing the statement recognized that transgender people have been historically, and are currently, discriminated against through policies requiring surgery, often resulting in sterilization, in order to obtain legal documents reflecting their gender identity and other forms of legal and social recognition. As the statement observes, “According to international and regional human rights bodies and some constitutional courts, and as reflected in recent legal changes in several countries, these sterilization requirements run counter to respect for bodily integrity, self-determination and human dignity, and can cause and perpetuate discrimination against transgender and intersex persons.”

Read the rest of this entry »


NCTE Applauds Federal Protections for Transgender Survivors of Violence

April 11, 2014

Department of Justice Clarifies Police, Courts, Shelters, and Others Must Respect Gender Identity

This week the U.S. Department of Justice (DOJ) release long-awaited guidance on the 2013 law prohibiting discrimination based on sex, sexual orientation, and gender identity by entities funded under the Violence Against Women Act (VAWA). VAWA’s nondiscrimination protections provide broad protections, not only for LGBT survivors of domestic violence, sexual assault, and stalking, but for anyone else facing discrimination from law enforcement agencies, courts, or community groups that accept VAWA funding for any part of their operations. The guidelines clarify that refusing to accept a person’s self-identified gender when delivering services constitutes unlawful discrimination, and that in many cases segregating by gender in the first place is prohibited.

The guidance, from DOJ’s Office on Violence against Women, answers “Frequently Asked Questions” about the nondiscrimination law included in the 2013 reauthorization of VAWA, which for the first time explicitly prohibited discrimination based on sex, sexual orientation, and gender identity in any program or activity funded in whole or in part by VAWA. Critically, the guidance clarifies that all VAWA-funded services must be open to all persons regardless of gender. Sex-segregated programs are permitted only when an agency can prove the services can’t be provided any other way—in which case, fully equivalent services must be provided to people of all genders.

 

Photo: Chuck Kennedy

Photo: Chuck Kennedy

Read the rest of this entry »


9 Things President Obama Can Do to Address Trans Economic Inquality

January 28, 2014

Today, ahead of the annual State of the Union speech,  President Barack Obama took an important step addressing income inequality by raising the minimum wage of new federal workers to $10.10, helping to ease the financial burden of more than 2 million employees. The National Center for Transgender Equality welcomes this executive order and urges legislators to take action to raise wages for all low-wage workers in the United States.

However, addressing America’s deepening economic divide, especially for transgender workers who face twice the rate of unemployment as the general population, requires swift action on many other policy areas. The Center has compiled our list of 9 policy matters that the Obama Administration can address without Congressional approval that would go far in closing the economic divide of transgender Americans.

1) Sign an executive order banning LGBT discrimination among businesses that contract with the federal government. Doing so would protect 1 in 5 American workers from job discrimination.

2) The Department of Labor should identify, promote and fund best practices for helping transgender people enter or re-enter the workforce.

3) Each federal department and independent agency should adopt a formal policy prohibiting discrimination based on gender identity and sexual orientation in its programs, activities, and funding.

4) The Department of Labor should include gender identity and sexual orientation measures in economic surveys including the Current Population Survey and the Survey on Income and Program.

5) The Department of Justice should vigorously enforce the Prison Rape Elimination Act (PREA) to help end sexual abuse of transgender people in jails, prisons, and police lock-ups, and ensure transgender inmates are treated safely and respectfully. Enforcement of strong PREA rules helps ensure formerly incarcerated transgender people can smoothly re-integrate into American society and find jobs.

6) President Obama should pressure House Speaker John Boehner to heed the call of a majority of Americans (80%) who support strong LGBT workplace protections by putting the Employment Non-Discrimination Act (ENDA) to a vote.

7) Provide a path to citizenship for the estimated quarter of a million undocumented immigrants who are transgender or LGB by passing commonsense immigration reform.

8) The Department of Homeland Security should expand the use of alternatives to secure detention and end the detention of asylum-seekers, LGBT people, people with HIV, and other vulnerable groups.

9) The Department of Education should issue guidance clarifying the application of Title IX nondiscrimination protections to transgender and gender nonconforming youth, including the right of transgender students to dress, access school facilities, programs and campus housing, and otherwise be treated in accord with their gender identity in a respectful and confidential manner.

 


NCTE Applauds Reconfirmation of EEOC Commissioner Chai Feldblum

December 12, 2013

The National Center for Transgender Equality congratulates Commissioner Chai Feldblum on her confirmation for a second term to the Equal Employment Opportunity Commission (EEOC) and we strongly commend President Obama for this selection. Commissioner Feldblum has been an exemplary public servant her whole career and a civil rights hero. Her work and her thinking have been essential to decades of equal employment advances in the U.S.

According to NCTE Executive Director Mara Keisling, “I couldn’t be more pleased that remarkable public servants like Chai Feldblum continue to be appointed to positions that matter so much to transgender working people.”

NCTE wishes Commissioner Feldblum continued success on the EEOC.


Why I am Fasting for Immigration Reform

December 3, 2013

by Mara Keisling, Executive Director, National Center for Transgender Equality

Last evening, I began fasting in solidarity with the brave and resolute activists participating in the Fast4Families effort, who have been fasting for 21 days (since November 12). They are fasting to call for Congressional action on immigration reform. I join them in asking that my country pass a common sense reform law that will allow millions of families to stay together, families who are just as deserving as mine to feel safe and welcome.

My fast comes after several years of thinking about immigration and the people it affects. As a fourth generation American, I can’t help but see what our broken immigration system is doing to families– families who are just like mine, except that they live each day in fear knowing that they can be separated at any time, be sent away from their homes, be abused by criminally immoral employers, be placed in solitary confinement, or be sent back to a country that is unknown and unsafe for them.

My fast grew from meeting transgender immigrants who came to the U.S. because they were transgender and not physically or economically safe where they were. Once here, they are unsafe in our broken immigration system because they are transgender. Our flawed enforcement programs funnel vulnerable transgender immigrants into our inhumane immigration detention system, and because they are transgender, they are routinely assigned to the torture of solitary confinement for an average of 9-12 months.

MaraFast

Read the rest of this entry »


New Resource: Preparing for Airport Security

November 21, 2012

While most transgender and gender non-conforming people get through airport security without any incidents, the National Center for Transgender Equality (NCTE) urges travelers to understand their rights before going through airport security with our new resource Airport Security and Transgender People.

The seasonal Holiday travel uptick can mean things are more hectic and potentially confusing for travelers and for Transportation Security Officers (TSOs) than usual. Airport security practices do not allow transgender travelers to completely avoid invasive screenings or pat-downs. However, all travelers have a right to safety, privacy, and respect.

Transgender travelers should be familiar with specific protections they have at airport security including:

  1. You can opt out of body scanning machines at any time. However, travelers who opt-out of body scanning machines will be required to undergo a thorough pat-down.
  2. Transgender travelers have a right to a pat-down by an agent of the same gender as the traveler. This is based on your gender presentation. The gender on your identification documents and boarding passes should not matter for pat-downs.
  3. Travelers have a right to request that a pat-down be held in a private screening area, and with a witness or companion of the traveler’s choosing.
  4. You should not any time be subjected to personal questions about your gender, or be forced to lift, remove or raise an article of clothing to reveal a prosthetic item. Prosthetic items include binding garments and breast forms.
  5. All children under age thirteen have a right to modified screening procedures.

NCTE recommends that individuals take simple steps to ensure a smooth experience at airport security including:

Read the rest of this entry »


VICTORY: State Department Makes Additional Changes

January 28, 2011

The U.S. State Department has announced some small but important additional changes to its policy for updating gender on U.S. passports and Consular Reports of Birth Abroad (CRBAs). The changes make clear that any physician who has treated or evaluated a passport applicant may certify that he or she has had appropriate treatment for gender transition. The revised policy also clarifies language and procedures to ensure that individuals with intersex condition can obtain documents with the correct gender.

In June 2010, the Obama Administration announced a new policy for updating gender markers on passports and CRBAs. For the first time, the June policy enabled transgender people to a passport that reflects their current gender without providing details of specific medical or surgical procedures. Instead, applicants could provide certification from a physician that they had received “appropriate clinical treatment” for gender transition. This policy was the result of years of advocacy, and represented a significant advance in providing safe, humane and dignified treatment of transgender people.

The policy announced in June was a huge step forward, but it was not perfect. It contained rigid and unnecessary restrictions on which physicians could write supporting letters for applicants, and contained confusing provisions regarding people with intersex conditions. With input from NCTE and other organizations, the Department moved swiftly to clarify and improve the policy. The passport policy as it now stands represents a model that other federal agencies, such as the Social Security Administration and U.S. Citizenship and Immigration Services, should move swiftly to adopt.

NCTE has prepared a revised resource that fully explains the new guidelines and outlines the ways in which transgender people can make changes to their passports and CRBAs. We are thankful for our colleagues at the Council for Global Equality, the National Gay and Lesbian Task Force and the National Center for Lesbian Rights for their wonderful collaborative work on this vital issue.


Follow

Get every new post delivered to your Inbox.

Join 287 other followers