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The legal status of transgender people varies greatly around the world. Some countries have enacted laws protecting the rights of transgender individuals, but others have criminalized their gender identity or expression. In many cases, transgender individuals face discrimination in employment, housing, healthcare, and other areas of life.
Unity Dow is a Motswana lawyer, human rights activist, specially elected member of parliament, and a writer. She formerly served as a judge on the High Court of Botswana and in various Botswana government ministries. Born in the Bechuanaland Protectorate to a seamstress and a farmer, who insisted on their children obtaining an education, Dow grew up in a traditional rural village before modernisation. She earned a law degree in 1983 from the University of Botswana and Swaziland, though her studies were completed in Swaziland and University of Edinburgh, Scotland, as Botswana had no law school at the time. After her graduation, Dow opened the first all-woman law firm in Botswana and in 1997 became the first woman to be appointed as a judge to the country's High Court.
Lesbian, gay, bisexual, and transgender (LGBT) people in Kenya face significant challenges not experienced by non-LGBT residents. Sodomy is a felony per Section 162 of the Kenyan Penal Code, punishable by 21 years' imprisonment, and any sexual practices are a felony under section 165 of the same statute, punishable by 5 years' imprisonment. On 24 May 2019, the High Court of Kenya refused an order to declare sections 162 and 165 unconstitutional. The state does not recognise any relationships between persons of the same sex; same-sex marriage is banned under the Kenyan Constitution since 2010. There are no explicit protections against discrimination on the basis of sexual orientation and gender identity. Adoption is restricted to heterosexual couples only.
Lesbian, gay, bisexual, and transgender (LGBT) people in Pakistan face legal and social difficulties compared to non-LGBT persons. Pakistani law prescribes criminal penalties for same-sex sexual acts. The Pakistani Penal Code of 1860, originally developed under the British Raj, criminalises sodomy with possible penalties of prison sentences from two years to a life sentence and fines. Despite its illegality, homosexual acts are only occasionally prosecuted by authorities in Pakistan. Other morality and public order provisions in the Penal Code are however used to target LGBT Pakistanis.
Virginia Edith Wambui Otieno (1936–2011), born Virginia Edith Wambui Waiyaki, who became Wambui Waiyaki Otieno Mbugua after her second marriage, and generally known as Wambui, was born into a prominent Kikuyu family and became a Kenyan activist, politician and writer. Wambui became prominent in 1987 because of a controversial legal fight between her and the clan of her Luo husband Silvano Melea Otieno over the right to bury Otieno. The case involved the tension between customary law and common law in modern-day Kenya in the case of an inter-tribal union. The various legal hearings this case stretched over more than five months and the final verdict suggested that a Kenyan African was presumed to adhere to the customs of the tribe they were born into unless they clearly and unequivocally broke all contact with it. As Otieno retained some rather tenuous links with his clan, they were awarded the right to bury him, ignoring Wambui's wishes. However, Wambui inherited most of her late husband's estate.
Lesbian, gay, bisexual, and transgender (LGBT) persons in Botswana face legal issues not experienced by non-LGBT citizens. Both female and male same-sex sexual acts have been legal in Botswana since 11 June 2019 after a unanimous ruling by the High Court of Botswana. Despite an appeal by the government, the ruling was upheld by the Botswana Court of Appeal on 29 November 2021.
Lesbian, gay, bisexual and transgender (LGBT) people in India are afforded greater protections than those in many other Asian countries. However, Indian LGBT citizens may still face social and legal difficulties not experienced by non-LGBT people.
Lesbian, gay, bisexual, and transgender (LGBT) people in Hong Kong may face legal challenges not experienced by non-LGBT residents.
Lydia Annice Foy is an Irish trans woman notable for leading legal challenges regarding gender recognition in Ireland. In 1992, Foy had sex reassignment surgery, and began a 20-year battle to have her birth certificate reflect her gender identity. In 2007, the Irish High Court ruled that the relevant portions of the law of the Republic of Ireland were incompatible with the European Convention on Human Rights, but by February 2013 the law had not been changed and she began new legal proceedings to enforce the 2007 decision. As of 15 July 2015, Ireland has passed the Gender Recognition Bill 2014.
Norrie, also known by the pseudonym Norrie May-Welby, is a Scottish-Australian transgender person who pursued the legal status of being neither a man nor a woman, between 2010 and 2014. The High Court of Australia ruled in April 2014 that it was in the power of the NSW Registry of Births, Deaths and Marriages to record in the register that the sex of Norrie was 'non-specific'.
Transgender rights in Australia have legal protection under federal and state/territory laws, but the requirements for gender recognition vary depending on the jurisdiction. For example, birth certificates, recognised details certificates, and driver licences are regulated by the states and territories, while Medicare and passports are matters for the Commonwealth.
Multiple countries legally recognize non-binary or third gender classifications. These classifications are typically based on a person's gender identity. In some countries, such classifications may only be available to intersex people, born with sex characteristics that "do not fit the typical definitions for male or female bodies."
A citizen of Ireland is legally permitted to change the designation of their gender on government documents through self-determination. In 2015, Ireland was the fourth state in the world to permit such alterations to government documents. By May 2017, 230 people had been granted gender recognition certificates under the law. Section 16 of the Act entitles the holder of a gender recognition certificate to apply to have the certificate amended if there is a clerical error or an error of fact in the content of the certificate. Two such corrections have been made since commencement of the Act.
Intersex people in Kenya face significant human rights violations, starting from birth. There are few protections from mutilation and non-consensual cosmetic medical interventions and no legislative protection from discrimination. Intersex persons may have difficulties in obtaining birth certificates and others forms of documentation.
This article addresses the legal and regulatory history of transgender and transsexual people in the United States including case law and governmental regulatory action affecting their legal status and privileges, at the federal, state, municipal, and local level, and including military justice as well.
This is a timeline of notable events in the history of non-heterosexual conforming people of African ancestry, who may identify as LGBTIQGNC, men who have sex with men, or related culturally specific identities. This timeline includes events both in Africa, the Americas and Europe and in the global African diaspora, as the histories are very deeply linked.
Hong Kong does not recognise same-sex marriages or civil unions. However, same-sex couples are afforded limited legal rights as a result of several court decisions, including the right to apply for a spousal visa, spousal benefits for the partners of government employees, and guardianship rights and joint custody of children.
Jessica Simpson, commonly known by her former legal name, Jessica Yaniv, is a Canadian transgender activist in British Columbia who is best known for filing at least 15 complaints of discrimination on the basis of gender identity against various beauty salons after they refused to wax her male genitalia. The complaints were filed with the British Columbia Human Rights Tribunal in 2018 and 2019. It was the first major case of alleged transgender discrimination in retail in Canada. In 2019, the Tribunal rejected her complaints and ruled Yaniv had racist motives. In following years, Yaniv has gone on to make additional complaints of discrimination, libel and privacy breach.
Rikki Nathanson is a Zimbabwean transgender activist. She founded the organization Trans Research Education Advocacy and Training (TREAT) in 2015. After an arrest for entering a women's bathroom in Bulawayo in 2014, she filed a civil lawsuit for damages which she won in 2019. By that point, she had taken asylum in the US and she now lives in Maryland.
Tshepo Ricki Kgositau-Kanzaa, is trans-rights activist from Botswana who lives in South Africa.