-
Advertisement
Equal Opportunities Commission
Opinion

Going to a public bathroom should not be a trial for anyone, least of all transgender people

Alfred Chan says the hurdles set in front of some groups when using such facilities in Hong Kong – a right many others take for granted – signal the need to update our laws and raise awareness

Reading Time:3 minutes
Why you can trust SCMP
All-gender bathrooms have been introduced on the University of Hong Kong campus. Photo: Edward Wong
Alfred C. M. Chan

For most people, the natural thing to do when nature calls is to go to the bathroom. But, for transgender people and especially those going through gender transitioning, a visit to a public bathroom often entails jitters, embarrassment and even encounters with the police.

In May, the media reported that a transgender woman was stopped by law enforcement officers after using the female bathroom in a shopping mall, and then advised to have the “gender” indicator on her identity card changed and use accessible bathroom facilities in the future to avoid confusion. The incident highlights important issues of equality for transgender people in using single-sex facilities, such as bathrooms and changing rooms. They also raise questions about what steps should be taken to improve the facilities in Hong Kong, and how public understanding of the issues transgender people face can be enhanced.

University of Hong Kong accused of trying to brainwash campus with unisex, LGBT-friendly toilets

Transgender people continue to face prejudice, harassment and discrimination in their everyday life. In a study on local laws against such discrimination, initiated by the Equal Opportunities Commission and conducted by Chinese University, 88 per cent of the lesbian, gay, bisexual, transgender and intersex (LGBTI) respondents reported encountering discrimination of some form in the past two years, most notably in employment, education and access to services and facilities.
Advertisement

Under the existing legal requirement, a transgender person diagnosed with gender dysphoria can only change their gender by undergoing genital sex reassignment surgery. This causes difficulties for transgender people for whom surgery is not possible.

Transgender prisoners in Hong Kong suffer sexual assault, denial of hormones

To address the challenges faced by transgender people, the commission recommends that the government consults the public on introducing comprehensive LGBTI anti-discrimination law as soon as possible. The government should also change its policy of requiring genital sex reassignment surgery, which is increasingly considered to be a breach of human rights internationally, and introduce comprehensive legislation to set out the process and rights around gender recognition.

Advertisement
Advertisement
Select Voice
Select Speed
1.00x