My Take | It is time for action to protect the rights of Hong Kong’s LGBTQ community
- Ten years separates two court rulings hailed as breakthroughs for the transgender community. But government has done little in that decade
Ten years ago, a judgment by Hong Kong’s top court was hailed as a breakthrough for the city’s transgender community. Last week, another landmark ruling was rightly heralded in similar terms. But little has been done in between the two decisions to safeguard the rights of the LGBTQ community, despite growing support among the general public and advances around the world.
The courts have, at times, struck out discriminatory practices. But successive administrations have dragged their feet. The lack of progress undermines Hong Kong’s claim to be inclusive and diverse.
In 2013, top judges ruled a transgender woman could marry her boyfriend. They said legislation was needed to clarify the law for transgender people in areas such as parenting, benefits, pensions, sport and discrimination. The government responded by permitting transgender people to marry, but only if they have had “sex reassignment surgery”, involving the removal and reconstruction of their genitals.
A working group was set up in 2014 to make recommendations on all legal areas concerning transsexuals. There was a consultation in 2017 on establishing a gender recognition scheme. Further research, reports and legislation were expected. But little, if anything, has happened. The latest “news” on the group’s website relates to the 2017 consultation. Meanwhile, the increasing number of transgender people in the city are left facing discrimination and embarrassment as they strive to live their lives with dignity.
The latest case was brought by two transgender men. They were born female but, from an early age, identified as male. Both suffered gender dysphoria, a medical condition causing distress and discomfort. They were effectively trapped in the wrong gender. Each endured lengthy medical procedures, including hormone treatment and the removal of their breasts. They have the appearance of men and have lived their life as men for years. They did not have full reassignment surgery because it was unnecessary and can be painful, risky and lead to complications.