Covenant of the Rainbow - Campaign toward a Truly Inclusive Church (“COR”) Welcomes the Government’s Consultation Paper on Gender Recognition
The self-recognition and self-affirmation of one’s gender is the human right of every human being and the basis of the establishment of social identity of each individual in the society. However, the society’s past practice which recognises each person’s "legal" gender according to one’s biological conditions only cater to the large number of the public whose psychological gender identities match with their biological bodies (i.e. cisgender), but such practice deprives a minority of those, where there is a mismatch between their psychological gender identities and physiological conditions, of their right to live their own preferred gender. Since the current law has already taken care of and protected the interests of the cisgender population, it is necessary to establish laws on gender recognition to take care of the minority who has been neglected.
The government currently permits transgender persons to change the gender on their identity cards in the name of facilitating their daily lives. However, by not legally recognising their preferred gender identities, not only does the transgender community continue to encounter legal issues which remain unresolved, but such problematic legal framework could be rationalised and accepted as business as usual. For instance, it is still unlawful for a transgender person who was born with male physiology, to use a female lavatory or changing room, even if her identity card has been changed to read “Female” under the category of gender, because at law her legal gender is still according to her original biological sex. Therefore, we consider it essential to enact gender recognition laws. We welcome the relevant consultation conducted by the government and hope the new gender recognition laws will clearly specify the circumstances in which transgender persons can be given the formal, legal recognition of the gender they prefer, and provide for comprehensive solutions to various legal issues arising from the differences between the biological sex and psychological gender and the differences between the preferred gender identity and the legally recognised gender.
We are also concerned that the consultation paper does not involve the rights of persons with intersex conditions. Intersex people live in a society in which gender is understood as a dichotomy and are often subject to unnecessary “treatment” to make their bodies and minds conform with the laws which are based on this gender dichotomy and gender expectations. These laws not only take away one’s autonomy of gender recognition, but also brutally harm the bodies and minds of the intersex community.
COR will continue to discuss the consultation paper, consult the views of relevant parties and will make submissions to the government’s working group. We call on the government to focus on the basic human rights of the transgender and intersex communities and to avoid falling into the traps of the “tyranny of the majority”. COR also implores the government to actively engage in legislating anti-discrimination law on the grounds of sexual orientation and gender recognition laws rather than stagnating in the process of consultation, and to strive for the protection of the sexual minorities’ dignity and equality of their rights.
We hope that the public will express their interest in the rights of the transgender and intersex persons and will recognise that these individuals have the fundamental right to freely live their own preferred gender. We wish Hong Kong could become a more loving, inclusive and caring society and continue to move towards equality and common dignity for all.
(On 23 June 2017, the Inter-departmental Working Group on Gender Recognition under HKSAR Government published a consultation paper to seek the views of the public. The deadline for consultation submissions will be on 31 October 2017. Please refer to http://www.iwggr.gov.hk/eng/publications.html)
Pamphlet "Making a world of difference: Gender recognition legislation in Hong Kong"
COR Contact Committee of Consultation Paper on Gender Recognition:
Small Luk
Tel: 8100 4640
Whatsapp: 5199 6331
Mimi
Tel / Whatsapp : 9029 2683
Edgar
Tel / whatsapp : 9783 3641