Latest news with #transgender rights
South China Morning Post
5 hours ago
- Politics
- South China Morning Post
Hong Kong court rules law on use of opposite-sex public toilets must be struck down
A ruling by a Hong Kong court has ordered that the current ban on individuals' use of some public toilets designated for the opposite sex must be struck down, as a judge partially upheld a legal challenge calling for wider acceptance of transgender people in sex-specific facilities. In the landmark ruling on Wednesday, the High Court upheld an anonymous litigant's claim that the government violated its constitutional duty to safeguard residents' equality and privacy rights by criminalising the misuse of public restrooms managed by the Food and Environmental Hygiene Department at the expense of the transgender community. Mr Justice Russell Coleman suspended his judgment for a year to allow the government time to develop a solution, noting that officials might feel content to 'let the criminal offence go'. 'I suppose the view could be taken that, as with other conveniences accessible by the public (but privately managed), there are other offences which can be used to deter and punish improper conduct,' he said in a 51-page judgment. 'This is a matter of line-drawing, which seems to me to be a question for the government or legislature to address.' He also stressed that the court would not judge where the line separating men and women should be drawn in the legal context, as it was a matter for legislation, 'probably in the context of wider or interlinked questions', to make that determination. The government can also file an appeal against the decision within 28 days. Need for an update The applicant, a transgender man identified in court only as 'K', sought a judicial review in 2022 by highlighting a potential breach of local laws if he were found to have entered a public restroom that did not align with the female sex marker on his identity card. The court heard that K held a gender identity letter showing he was undergoing a period of 'real-life experience', during which he sought to live consistently in the adopted gender. The step is generally required in Hong Kong for anyone wishing to proceed to hormonal treatment or sex reassignment surgery. The Public Conveniences (Conduct and Behaviour) Regulation, which governs the use of public lavatories managed by the department, bars anyone aged five or above from such facilities allocated to their opposite sex. Offenders can face a fine of up to HK$2,000 (US$254). The law does not apply to public toilets managed by other government departments and those situated at private premises. The department managed a total of 805 public toilets as of September 2022, with 408, or around half of them, being unisex facilities. Current laws bar residents over the age of five from using public lavatories designated for the opposite sex. Photo: Felix Wong Coleman noted that the law was drafted in the 1960s, when nobody in society would have envisaged a need for change arising from transgender identities. The applicant's counsel argued the regulation should be revised to accommodate holders of such medical certificates so that they could access toilets of the sex they identified with before they were deemed fit to receive treatment. Tim Parker SC, for K, highlighted the mental health challenges faced by the transgender community and said his client would minimise water intake while outdoors to avoid having to go to public toilets and arousing suspicion. Authorities originally resisted the legal bid by highlighting safety and privacy concerns and society's expectation that toilet access be limited in accordance with the users' biological sex. But they pulled back from that position after the Court of Final Appeal delivered a landmark judgment in 2023 affirming transgender people's right against privacy invasion in a case concerning the use of their preferred sex marker on identity cards. Step forward for LGBTQ Hongkongers The present case has created a new battleground for greater legal recognition by the LGBTQ community that has forced the city government to implement piecemeal reforms over the years through legal action. In a statement shared by Daly and Associates, the law firm which served as K's solicitors, the applicant said: 'Today, I and other transgender friends who are still in the process of gender transition can use public toilets openly without fear of being rejected.' 'Hong Kong is another step further in improving its gender-friendly [measures]. Hopefully Hong Kong's judicial system will gradually become more inclusive in the future,' he added. The law firm described the ruling as a 'significant milestone in the advancement of transgender rights in Hong Kong'. 'Transgender individuals in Hong Kong deserve the same dignity, privacy, and equality as everyone else,' Mark Daly, the firm's principal, was quoted as saying. 'The burden of defending basic rights should never fall on those already facing systemic barriers.' He added that it was the government's duty to proactively review discriminatory laws and ensure that public spaces were safe, inclusive, and accessible to all, regardless of gender identity. Quarks HK, a concern group focusing on issues with transgender youth, said the ruling marked a significant milestone in human rights development in Hong Kong. It urged authorities to set up more gender-friendly public facilities and double down on efforts to remove the social stigma attached to transgender people.
The Independent
7 hours ago
- Politics
- The Independent
Hong Kong court backs transgender right to use bathroom matching chosen gender identity
A court in Hong Kong has ruled in favour of a transgender individual who challenged a regulation criminalising the use of bathrooms that do not align with their chosen gender identity, a step toward recognising the rights of transgender people in the Chinese financial hub. Judge Russell Coleman on Wednesday suspended the effect of the ruling for a year. The suspended ruling is to 'consider whether it wishes to implement a way to deal with the contravention'. The judge said the rules banning transgender people from using the bathroom matching their gender identity are discriminatory and violate the right to equality under Hong Kong's Basic Law. He said in the judgment that the regulations and "drawing the line of a person's biological sex at birth create a disproportionate and unnecessary intrusion into the privacy and equality rights". The decision came on the complaint of a person identified as K, who was born a woman and identifies as a man in 2022. K launched a legal petition to allow transgender people to use public toilet that aligns with their identified gender. K called to expand the exemption in the Public Conveniences (Conduct and Behaviour) Regulations to those transgender people who have been diagnosed with gender dysphoria and have a medical need to undergo the process of living in their identified gender. 'This is a matter of the line-drawing, which seems to me to be a question for the government or legislature to address,' Mr Coleman wrote in his judgment. He said the matter of drawing a line between a 'female person' and a 'male person' is 'an answer not appropriately given by the courts, and is more appropriately a matter for legislation'. Currently, only children under 5 years old accompanied by an opposite sex adult can enter a public washroom designated for the opposite sex. Those violating the rule face a fine of up to 2,000 Hong Kong dollars (about $255). This marks the latest step towards recognising the rights of LGBTQ+ people in Hong Kong, which has in recent years revised policies for the community after legal challenges. Earlier this year, Hong Kong's government proposed a registration system that would recognise same-sex partnerships formed overseas, granting such couples more rights in the city. In 2023, Hong Kong's top court ruled that full sex reassignment surgery should not be a prerequisite for transgender people to have their gender changed on their official identity cards. In April 2024, activist Henry Tse, who won the legal battle in 2023 and received his new ID card reflecting
Yahoo
10 hours ago
- Politics
- Yahoo
Hong Kong judge rules in favor of transgender bathroom access
HONG KONG (AP) — A Hong Kong judge on Wednesday ruled to strike down regulations criminalizing the use of bathrooms designated for the opposite sex, ruling in favor of transgender individuals' rights to access public toilets matching their identity. Judge Russell Coleman approved the judicial review of K, who was born a woman and identifies as a man, saying the regulations contravene an article of the city's mini-constitution that stipulates all residents should be equal before the law. But he suspended the declaration to strike down the regulations for a year to allow the government 'to consider whether it wishes to implement a way to deal with the contravention.' He said in the judgement that the regulations and 'drawing the line of a person's biological sex at birth create a disproportionate and unnecessary intrusion into the privacy and equality rights." The ruling marks another step forward in recognizing the rights of LGBTQ+ people in the Chinese financial hub. In recent years, the government has revised policies following activists' wins in legal challenges. Currently, only children under 5 years old accompanied by an opposite sex adult can enter a public washroom designated for the opposite sex. Those violating the rule face a fine of up to 2,000 Hong Kong dollars (about $255). K launched a legal challenge in 2022, seeking to expand the exemption to pre-operative transgender people who have been diagnosed with gender dysphoria and have a medical need to undergo the process of living in their identified gender. He argued that his constitutional rights were infringed by the prohibition against him using public toilets allocated for men, the court heard. The government did not immediately comment. Quarks, a group serving transgender youth in Hong Kong, welcomed the ruling, urging officials to take immediate action to rectify what it called long-standing discrimination in the system. 'The ruling is not just an affirmation of transgender rights legally but also a big step forward for Hong Kong's overall human rights development,' it said on Instagram. In 2023, Hong Kong's top court ruled that full sex reassignment surgery should not be a prerequisite for transgender people to have their gender changed on their official identity cards. The next year, the government revised its policy to allow people who have not completed full gender-affirmation surgery to change their genders on ID cards as long as they fulfill certain conditions. The conditions include the removal of breasts for transgender men, the removal of the penis and testes for transgender women, and having undergone continuous hormonal treatment for at least two years before applying. Applicants also have to continue their hormonal treatment and submit blood test reports for random checks upon the government's request. In April, activist Henry Tse, who won the legal battle in 2023 and received his new ID card reflecting his gender change last year, lodged a fresh legal challenge over the new requirements. Solve the daily Crossword
The Independent
11 hours ago
- Politics
- The Independent
Hong Kong judge rules in favor of transgender bathroom access
A Hong Kong judge on Wednesday ruled to strike down regulations criminalizing the use of bathrooms designated for the opposite sex, ruling in favor of transgender individuals' rights to access public toilets matching their identity. Judge Russell Coleman approved the judicial review of K, who was born a woman and identifies as a man, saying the regulations contravene an article of the city's mini-constitution that stipulates all residents should be equal before the law. But he suspended the declaration to strike down the regulations for a year to allow the government 'to consider whether it wishes to implement a way to deal with the contravention.' He said in the judgement that the regulations and 'drawing the line of a person's biological sex at birth create a disproportionate and unnecessary intrusion into the privacy and equality rights." The ruling marks another step forward in recognizing the rights of LGBTQ+ people in the Chinese financial hub. In recent years, the government has revised policies following activists' wins in legal challenges. Currently, only children under 5 years old accompanied by an opposite sex adult can enter a public washroom designated for the opposite sex. Those violating the rule face a fine of up to 2,000 Hong Kong dollars (about $255). K launched a legal challenge in 2022, seeking to expand the exemption to pre-operative transgender people who have been diagnosed with gender dysphoria and have a medical need to undergo the process of living in their identified gender. He argued that his constitutional rights were infringed by the prohibition against him using public toilets allocated for men, the court heard. In 2023, Hong Kong's top court ruled that full sex reassignment surgery should not be a prerequisite for transgender people to have their gender changed on their official identity cards. The next year, the government revised its policy to allow people who have not completed full gender-affirmation surgery to change their genders on ID cards as long as they fulfill certain conditions. The conditions include the removal of breasts for transgender men, the removal of the penis and testes for transgender women, and having undergone continuous hormonal treatment for at least two years before applying. Applicants also have to continue their hormonal treatment and submit blood test reports for random checks upon the government's request. In April, activist Henry Tse, who won the legal battle in 2023 and received his new ID card reflecting his gender change last year, lodged a fresh legal challenge over the new requirements.
The Independent
a day ago
- Health
- The Independent
Emails discussing nurse probe should not have been written, Peggie tribunal told
Emails between witnesses discussing an investigation into a gender critical nurse who was suspended following a dispute with a transgender doctor 'should not have been written', a consultant told a tribunal. Sandie Peggie was suspended after she complained about having to share a changing room with transgender medic Dr Beth Upton at Victoria Hospital, Kirkcaldy, Fife, on Christmas Eve 2023. She was placed on special leave after Dr Upton made an allegation of bullying and harassment and cited concerns about 'patient care'. Ms Peggie has lodged a claim against NHS Fife and Dr Upton, citing the Equality Act 2010, including sexual harassment; harassment related to a protected belief; indirect discrimination; and victimisation. The tribunal resumed in Dundee on July 16 after an initial set of hearings in February. On Tuesday, Dr Kate Searle, a consultant in emergency medicine, gave evidence and denied 'deliberately concealing' an email sent on January 5 2024 by fellow consultant Maggie Currer, with six potential witnesses plus Dr Upton included. Barrister Naomi Cunningham, representing Ms Peggie, said: 'I want to suggest you deliberately concealed it to conceal wrongdoing of colleagues.' Dr Searle said: 'It would be dishonest to do that and I'm a doctor who acts as honestly as I can at all times.' In her evidence, Dr Searle said that she had no concerns about Dr Upton's allegations as the General Medical Council requires 'honesty and integrity'. However, she said she was 'never informed' that a referral to the Nursing and Midwifery Council had been made, the tribunal heard. She said that she emailed Dr Upton with others included later in January to give an 'update' on the investigation. But during cross-examination, Dr Searle admitted 'that we should not have written these things in a group email to witnesses'. Ms Cunningham said the email on January 5 2024 was 'seriously embarrassing to the respondents' and said it 'appears to be an intention to set up and co-ordinate a group who should not be talking about this as they're witnesses'. She added: 'It says 'information must not be shared outside this group as risk of foot in mouth syndrome – it is quite a serious risk of foot in mouth syndrome'.' Dr Searle said: 'I can appreciate that in hindsight we should not have written these things in a group email to witnesses.' Ms Cunningham quoted from Dr Upton's evidence, including that using female changing rooms was 'a thing I have been instructed to be the most appropriate', and describing biological sex as a 'nebulous dog whistle'. Dr Searle denied telling the junior doctor to use female facilities, and said: 'Definitely no instructions were given.' She agreed that biological sex was 'significant', but when the term 'nebulous dog whistle' was put to her, she denied knowing what it meant. Ms Cunningham said: 'I think it must follow that anyone who describes biological sex as a 'nebulous dog whistle' would be talking obvious nonsense.' Dr Searle said: 'I'm not sure what that means.' The witness said she emailed Equalities lead Isla Bumba on December 8 2023 as Dr Upton felt 'uncomfortable' about Ms Peggie 'self-excluding' from the female changing room, but said she 'didn't recall' raising the possibility of taking it further, as mentioned in an internal investigation. She said she Googled policies around self-identification, and added: 'I'm not a law expert – if you Google it, it comes up under Equality Act, there are many references to toilets and changing rooms. I subsequently emailed Isla Bumba who is much more expert in Equalities than me. She agreed there is no policy.' The consultant denied that she perceived self-exclusion as 'misbehaviour'. Dr Searle said: 'We would have discussed it if Dr Upton was very uncomfortable and it was affecting them'. She said a discussion would have involved 'compassion and kindness', but added: 'It doesn't sound otherwise like there's anything to take further.' Ms Cunningham said: 'At the time you discussed it with Dr Upton you considered this to be misbehaviour, she (Ms Peggie) was behaving badly and making him feel uncomfortable.' However, Dr Searle said: 'Beth felt uncomfortable that Sandie appeared to not want to engage.' Ms Cunningham said: 'My question was: both you and he regarded Sandie's conduct in removing herself a form of misbehaviour?' Dr Searle said: 'I don't agree we would have classed it as misbehaviour.' Ms Cunningham said: 'I think you've already confirmed that email to Isla Bumba on December 8 was prompted by a conversation about Sandie removing herself from the changing room when he was there, that's right? 'You ask if there's any policies around transgender staff and suggest Dr Upton might be keen to help develop some; is it fair for the tribunal to infer the possibility of developing policies to make it easier for Dr Upton to take matters further?' Dr Searle said: 'No, I don't agree. I think there needs to be an NHS Fife policy on how everyone can feel comfortable in changing areas of their choosing.' The tribunal continues.
