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Transgender Rights in Pakistan Struck Down by Federal Shariat Court
The Federal Shariat Court in Pakistan has recently delivered a reserved verdict striking down sections of the Transgender Persons (Protection of Rights) Act, 2018. The decision of the court has cast doubts on the legal protections obtained by transgender and gender diverse people in Pakistan, which were previously viewed as a positive step towards advancing the rights of this marginalized group.
Protections Eliminated
The Transgender Persons (Protection of Rights) Act 2018, which was a result of the arduous efforts of transgender rights activists in Pakistan, enshrined essential legal protections, including the definition of a transgender person, the right to self-determination of gender identity, access to legal gender recognition, the right to education and employment, and the prohibition of discrimination.
The Federal Shariat Court has considered the sections of the Act relating to gender identity, the right to self-perceived gender identity, and the right of inheritance for transgender people as contradictory to their interpretation of Islamic principles. Some of the remarks of the Court were not grounded in empirical evidence but instead create presumptive scenarios. The ruled sections were immediately stopped by the Court for being inconsistent with Islamic principles.
Rooted in Prejudice
The verdict of the Court represents a significant setback in preserving the already meager rights of transgender and gender diverse persons in Pakistan. The authorities have been urged by Rehab Mahamoor, a research assistant at Amnesty International, to take immediate and necessary steps to prevent a reversal of essential rights to safeguard transgender and gender diverse people from the risks of harassment, discrimination, and violence.
The Court appears to have relied on rootless prejudices, fear, and discrimination while giving the decision, and its assumptions have not arisen from any evidence-backed data. The observations made by the Court about rape and sexual assault of women appeared to be based on unwarranted conjectures about the act’s effects, as there is no credible report that these incidents occurred in Pakistan.
Islamic Principles and International Human Rights Commitments
Transgender rights are protected by international human rights law, including the International Covenant on Civil and Political Rights and the Convention on the Elimination of All Forms of Discrimination against Women, which Pakistan is a state party. Any steps taken by the Pakistan government to suppress transgender and gender diverse people’s right to gender identity would be in violation of these agreements.
The government of Pakistan must rise to the occasion and rescind any propositions that violate international human rights laws and standards. Any changes to the Act that compel transgender people to satisfy abusive and invasive requirements in obtaining official documentation that reflects their gender identity must be halted immediately.
Final Thoughts
The verdict of Pakistan’s Federal Shariat Court has raised concerns about the rights of transgender and gender diverse people in Pakistan. The ruling appeared to be motivated by discriminatory, unfounded, and unjustified presumptions, with no empirical evidence supporting the decision. The government of Pakistan must ensure that they comply with their international human rights commitments to provide legal protections to transgender and gender diverse people.
<< photo by Anete Lusina >>
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