SEXUAL ORIENTATION AND GENDER IDENTITY Case Solution
Naturally, human beings comprise of gender identity and the sexual orientation at the same time. Sexual orientation is different from the gender identity. The sexual orientation refers to the sexual attraction; emotionally, physically or romantically to another person, with a different or same gender or even more than one gender. These sexual orientations are referred to as:heterosexuality, homosexuality and bisexuality,alternatively these orientations are categorized as: lesbians, gay-sand bisexuals (International Justice Resource Center, 2019).
On the other hand,gender identity refers to the felt experience of gender by a person, internally and individually, i.e. it is a person’s own sense of being a male or a female. Majority of the individuals identify as being a male or a female, but a few identify as a non-binary gender or without any gender preference at all. A person’s self-identification of gender can be different from the gender assigned by the society, based on the clothing, physical appearances or mannerisms (behavior).Similarly, the transgender identify themselves different from their genders, assigned to them at their birth.
These minorities are collectively regarded as the “LGBTI” minorities, i.e. “lesbian, gay, bisexual, transgender & intersex” minorities. These minorities are exposed to discrimination, based on their sexual orientation and gender identity, in several aspects of life.
As these minorities do not belong to the society developed gender norms; they are subjected to serious levels of discrimination, human rights abuses and even violence to a greater extent. Due to these sexual orientation and gender identity based discrimination’s, harassment, violence and the human rights abuses; the LGBTI community, sometimes try to hide their gender identity or sexual orientation in order to keep themselves safe from such human rights violations and crimes committed against them. (UNHCR Emergency Handbook, 2018).
The rights of LGBTI individuals are not specifically protected by any international human rights acts or treaty. Somehow, their rights have been protected under law, but not all aspects of the human life have been covered, i.e. the rights to LGBTI minorities are given at the same levels as given to others. The sexual orientation and gender identity based human rights violations and discrimination have given rise to the global concerns, because these violations include serious crimes, including: rape, sexual assault, killings, privacy incursion,and injustice in educational and employment opportunities. These concerns have led to the development of “Yogyakarta Principles” (TGEU Organisation, 2018).
The United Nations has-initiated several measures in protecting the human rights of people and protecting individuals from sexual orientation and gender base discrimination. One of the measure include the adoption of Jogjakarta Principles. These principle ensures the application of international human rights law, which is made for the protection of legal human rights and sexual orientation and gender identity of everyone. These principle are made to be followed strictly by each State. According to these principles, all individual are born free and they all are equal in terms of dignity and human rights.
In United Kingdom, transgenders are coming forward and raising their voice for various types of discrimination and harassment based court cases for years. In 1986, a transgender, named Mark Rees, came up with a case, where he claimed that the UK law is prohibiting him from recognizing himself as a male, but unfortunately, he couldn’t win the case. Moreover, in 1996, a woman named “P” filed a case in court, claiming that she was dismissed from the job, as soon as she informed the employers about her gender re-assignment surgery. The Court gave its verdict in favor of the woman by ruling that she was dismissed wrongfully. This case became the first ever law, protecting the discrimination based on sexual orientation and gender identity, in educational or employment opportunities.
Additionally, in 2000, Christine Goodwin’s case brought a revolution for the transgender community. She filed a case in court, claiming that she had faced sexual harassment, before and after her gender reassignment surgery. She also claimed that, she was required to pay for the National Insurance till the age of 65 instead of 60, due to her legal status as a male. Not only this, the employers could easily find her different gender and name with the previous employer, because under the UK’s law; the NI number had to remain same. This case led to the development of Gender Recognition Act in 2004 (Nevrkla, 2018)…………………….
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