Browsing by Subject "transgender"

Now showing 1 - 6 of 6
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    Open Access
    A Third Gender in South Africa: Does the legal non-recognition of a third gender violate non-binary transgender person's Constitutional rights to dignity and equality?
    (2020) Sloth-Nielsen, Rachel; de Vos, Pierre
    This dissertation will attempt to answer question whether, in terms of the right to dignity in s10 and the prohibition of unfair discrimination in s9 of the South African Constitution, the State must recognise in law a third gender for transgender individuals who do not identify as either male or female. It does so, first, by asking whether the failure by the state to provide for the legal recognition of a third gender violates transgender person's right to dignity. Second, the enquiry proceeds to discuss whether s9(3) of the Constitution (which prohibits unfair discrimination on any ground, including on the listed grounds of sex, gender and sexual orientation) requires the state to recognise a third gender. After discussing the lived experiences of transgender persons in South Africa, the thesis reviews the terminology and concepts relevant to this area of study, in order to lay the foundation for the subsequent examination of relevant case law, the Constitutional Court's approach to dignity, and the analysis of the application of s(9)(3). I submit that transgender persons fall within the Constitutional Court's definition of a vulnerable group in that they have suffered past patterns of disadvantage, they constitute a minority in South Africa and are subject to stereotyping and bias. Despite the Constitutional Courts erroneous pronouncement that transsexualism falls under the umbrella of sexual orientation, it is argued, rather, that since the expression of their gender identity by gender nonconforming persons shares many of the characteristics of the specified grounds listed in s9(3), unfair discrimination can be found on a ground analogous to those grounds listed in the Constitution. The failure to allow for recognition of a third gender is thus under-inclusive. It cannot be justified under the limitations analysis. Further, if objections were to be raised by the state that recognition is not feasible or affordable and is, hence, justified, I conclude that because there are ways to accommodate individuals who do not identify as binary which are not unduly taxing on the State, this argument would fail.
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    An exploration into the meaning that trans* students attach to their experiences at a South African University
    (2022) September, Miché; Price, Linda
    Universities are perceived as non-judgmental because of their tolerant environments and emphasis on producing well-rounded students. Despite transformative initiatives to create an inclusive culture, transgender and gender diverse students may still feel that they are treated unfairly due to stigmatisation or poorly implemented diversity policies. Studies have focused mainly on the gender binary practice of transgender individuals assimilating to cisnormativity. Yet, relatively little work has considered the implications of campus life where transgender students may experience discrimination because of gender-exclusive policies and practices (residence halls, bathrooms, public inclusion, training, and support). This study sought to address this gap. Data from a thematic analysis of qualitative semi-structured interviews were utilised to understand trans* students' perceptions and lived experiences at a South African university. Most of the participants revealed that a hostile climate for transgender students prevailed on campus and that the institution lacks resources and education on transgender issues. Findings reported three major themes: (1) Navigating the power of privilege and institutional systemic oppression; (2) Misalignment and invalidation of one's gender identity on campus; (3) The importance of understanding transgender health from a gender minority experience. Recommendations for creating greater inclusion for transgender students on university campuses are presented.
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    Between/beyond the binaries: transgender youth in cape town re-present their experiences through photo-narratives
    (2018) Pitcher, Sorrel Claire; Boonzaier, Floretta
    Current literature about marginalised youth centres adult knowledges and perpetuates narratives of risk. Additionally, very little is known about young transgender persons within the South African context. Therefore, by making use of Photovoice elements, this narrative project sought to explore the lived experiences of transgender youth while simultaneously creating a space where they could discuss and re-present these experiences. The project aimed to challenge dominant narratives about transgender youth; youth gender and sexuality, and to expand transgender research in South Africa. This project also aimed to contribute to the empowerment of participants by positioning them as experts and centring their knowledges. The study was conducted in partnership with an LGBTIQ+ advocacy NGO and purposive sampling was used to recruit five trans-identifying participants between the ages of 18-26. In-depth interviews were conducted around what it means to be a young transgender person in Cape Town today, and the photographs participants took to represent these experiences. All data were analysed using thematic narrative analysis. The overarching thematic narratives that emerged were: ‘Navigating Identities’ and ‘Living within/out the Cistem’. Within these themes, participants drew on narratives of rigidity/fluidity, exclusion/belonging, and invisibility/hypervisibility respectively. The findings illustrate the complexity of experiences of transgender youth and thus demonstrates that young peoples’ lives are comprised of more than inherent risk. This project also provided an opportunity to critically reflect on Photovoice as a methodology for working with marginalised groups.
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    Human rights key: lesbian, gay, bisexual, transgender and intersex themed key
    (2013) Mitchell, Veronica
    This resource aims to provide information to promote the health of sexual and gender minorities. The LGBTI Key is a new theme on the Human Rights Key with links to numerous multimedia resources. It can be a useful teaching and learning tool for educators, students and healthcare providers. It can also assist individuals who may experience discrimination and stigma when wishing to access health care.
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    Lesbian, gay, bisexual, transgender and intersex human rights in Southern Africa: A contemporary literature review
    (HIVOS, 2017-06-01) Meer, Talia; Lunau, Marie; Oberth, Gemma; Daskilewicz, Kristen; Muller, Alex
    Individuals engaging in same-sex acts, individuals identifying as lesbian, gay, bisexual, transgender, and/ or intersex (LGBTI), and individuals who do not conform to heteronormative ideals of gender and sexuality experience structural, institutional and individual discrimination and exclusion across the world. This is no different in Southern African countries. While LGBTI individuals are heterogeneous and face very specific challenges based on their sexual orientation, gender identity, race, class, ethnicity and other factors, they share experiences of structural, institutional and individual discrimination and marginalisation based on their sexual orientation and gender identity (SOGI). In most Southern African countries, same-sex activity remains criminalised, which further marginalises LGBTI individuals, and acts as an additional barrier to accessing public services and realising full civil and political rights. This contemporary literature review focuses on the state of LGBTI human rights in 10 Southern African countries: Angola, Botswana, Lesotho, Malawi, Mozambique, Namibia, South Africa, Swaziland, Zambia and Zimbabwe. The purpose of this review is to contribute towards a strong evidence base and scientific foundation for informed programming in the region.
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    Scrambling for access: availability, accessibility, acceptability and quality of healthcare for lesbian, gay, bisexual and transgender people in South Africa
    (BioMed Central, 2017-05-30) Müller, Alex
    Background: Sexual orientation and gender identity are social determinants of health for people identifying as lesbian, gay, bisexual and transgender (LGBT), and health disparities among sexual and gender minority populations are increasingly well understood. Although the South African constitution guarantees sexual and gender minority people the right to non-discrimination and the right to access to healthcare, homo- and transphobia in society abound. Little is known about LGBT people’s healthcare experiences in South Africa, but anecdotal evidence suggests significant barriers to accessing care. Using the framework of the UN International Covenant on Economic, Social and Cultural Rights General Comment 14, this study analyses the experiences of LGBT health service users using South African public sector healthcare, including access to HIV counselling, testing and treatment. Methods: A qualitative study comprised of 16 semi-structured interviews and two focus group discussions with LGBT health service users, and 14 individual interviews with representatives of LGBT organisations. Data were thematically analysed within the framework of the UN International Covenant on Economic, Social and Cultural Rights General Comment 14, focusing on availability, accessibility, acceptability and quality of care. Results: All interviewees reported experiences of discrimination by healthcare providers based on their sexual orientation and/or gender identity. Participants recounted violations of all four elements of the UN General Comment 14: 1) Availability: Lack of public health facilities and services, both for general and LGBT-specific concerns; 2) Accessibility: Healthcare providers' refusal to provide care to LGBT patients; 3) Acceptability: Articulation of moral judgment and disapproval of LGBT patients’ identity, and forced subjection of patients to religious practices; 4) Quality: Lack of knowledge about LGBT identities and health needs, leading to poor-quality care. Participants had delayed or avoided seeking healthcare in the past, and none had sought out accountability or complaint mechanisms within the health system. Conclusion: Sexual orientation and gender identity are important categories of analysis for health equity, and lead to disparities in all four dimensions of healthcare access as defined by General Comment 14. Discriminatory and prejudicial attitudes by healthcare providers, combined with a lack of competency and knowledge are key reasons for these disparities in South Africa.