Albania: House where five transgender people were living set on fire

 On 27 April 2011 five transgender people in Albania were put at risk because the house where they stood was set on fire by unknown persons.

The PINK Embassy - an organization working to protect the rights of LGBT community in Albania - informs on the incident in a press release:The transgender people were housed in an abandoned house in Durres Road, adjacent to the building of the

former Yugoslav Embassy in Tirana. Around 4:30 am, they were being alerted by smoke and flames, which had blocked almost all entry-exit points of the house. In the same house lived a Roma family of seven members five of whom were minors.

Although fortunately there were no casualties, the transgender community believes that the act of vandalism was committed by a group of homophobes, which should have previously identified their location. The police and firemen arrived on the scene immediately to extinguish the fire and give first aid to the victims. However, the Tirana Police Authority at the time of preparation of this statement had not issued any press release about the event.

Hate crimes are severely punished throughout the civilized world and Albania cannot make an exception to this. The event in question shows once again that, while Albania has adopted the Law against Discrimination, the life and dignity of the trans-gender community continues not to be respected and put at risk.

The fact that the Transgender community have not been provided, nor by the Municipality of Tirana or by the Ministry of Labour, Social Affairs and Equal Opportunities, with any opportunity for housing, employment and security, indicates that homophobia is rooted in the mentality of governance in Albania. This is unacceptable for us! The life and dignity of every transgender person is equal with that of every Albanian citizen!

Taking into consideration this event, we would like to urge the Municipality of Tirana and the Ministry of Labour, Social Affairs and Equal Opportunities, to react against this act, while provide transgender community in the shortest possible way the completion of their minimum rights for security, housing and food. These rights expect an urgent response thus we expect immediate actions by the Albanian public institutions.

Such episodes damage community life in particular and society in general. Human rights are equal for everyone.

http://www.pinkembassy.al/en/lgbt-albania

Albanian Ombudsman office starts investigation into the police violence against transgender person in Tirana

Albanian Ombudsman office starts investigation into the police violence against transgender person in Tirana

5 September 2011 - The Albanian Ombudsman’s office announced the start of investigations into the latest case of violence used against a member of the transgender community in Albania, Paloma, a couple of weeks ago by members of the State Police.

On 15 August 2011, PINK Embassy / LGBT Pro Albania publicly denounced the brutal violence used against Paloma, in a Park near the Albanian House of Parliament and duly informed the authorities about the situation. While investigating a theft case, the Tirana Police Officers got for questioning a friend of the transgender group, an action which was faced with Paloma’s resistance. This resulted in a then use of disproportionate and violent force by the Police officers against Paloma. On the same day Paloma was accompanied by the Police to the Emergency Health Services of the Tirana Hospital (QSUT) to be checked for internal injuries. Paloma was released later that day. The Police Authority of Tirana never pressed any charges against her.

After the fast and string reaction of PINK Embassy / LGBT PRO Albania the Ombudsman Office gave a positive answer to our request for the start of an immediate investigation into the case for putting in front of legal responsibility all the people in uniform involved in such an act of violence.

PINK Embassy has provided the Ombudsman’s Office all materials that will enable them to properly investigate the case. 

PINK Embassy

German Constitutional Court declares compulsory surgeries unconstitutional

TGEU welcomes decision by German Constitutional Court: other countries ought to ban sterilization requirement as not constitutional
 

January 28th 2011

The German Constitutional Court has announced in a press release ^[1]  today that the requirement to undergo sterilization or gender reconstruction surgery is not constitutional. The decision has immediate effect.The plaintiff, a 62 year old transsexual woman, had acquired the so-called “small solution” with a name change, but not altered the civil status due to the requirement to undergo sterilization surgery. With a still “male” civil status she and her female partner had been denied the right to enter a registered same-sex partnership. If forced to marry, so plaintiff, they are recognizable as a partnership with at least one transsexual spouse – a live free from discrimination made impossible.

The First Division of the Federal Constitutional Court has ruled that the standardized conditions for legal gender recognition of transsexuals to enter into a partnership are not compatible with the right to sexual self-determination, physical integrity and privacy.

"A reform of the German Gender Recognition Act (Transsexuellengesetz) is more than overdue." says Max Schulze board member of the Berlin-based organization TransInterQueer, " we demand from the Federal Government and the Parliament to show quick and consistent action now."

TGEU welcomes the decision by the German Constitutional Court. A majority of countries in Europe have similar requirements violating the human rights of transgender people. The Council of Europe has already indicated that this is a matter of concern. Thus, the Committee of Ministers had stated that ‘prior requirements, including changes of a physical nature, for legal recognition of a gender reassignment, should be regularly reviewed in order to remove abusive requirements.’^[2]  In line with previous decisions from the German Constitutional Court on the German Transsexual Law and in combination with similar verdicts of the Austrian High Administrative Court TGEU is positive that this will send a strong signal to other countries to review their gender recognition legislation.

“The margin of appreciation for requirements for gender recognition, as granted by the European Court of Human Rights, has its limits. The decision of the German court states clearly that human rights of transgender persons are jeopardized with a legal requirement for sterility or compulsory sex reassignment surgery, still practiced in many countries in Europe. When the Committee of Ministers recommendation will be up for review in two years, we want to see Germany and many other countries to have their legislation in line with international human rights law.” says Richard Köhler, co-chair of Transgender Europe.
 

ENDS

contacts:

tgeu@tgeu.org

/* Style Definitions */ table.MsoNormalTable {mso-style-name:"Normale Tabelle"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-qformat:yes; mso-style-parent:""; mso-padding-alt:0cm 5.4pt 0cm 5.4pt; mso-para-margin:0cm; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman","serif"; mso-fareast-font-family:"Times New Roman";} [1] Press Release of the German Constitutional Court on BvR 3295/07

[2] Council of Ministers Recommendation Rec(2010)5 on measures to combat discrimination on grounds of sexual orientation or gender identity.

Greece is lying about gender identity legislation. Greece's political fraud.

We wish to strongly denounce the Greek Representatives to the UN for spreading unabashed lies and for political fraud, because the legislation in Greece makes absolutely no provision for discrimination on the grounds of gender identity.

The Greek Transgendered Support Association (TGSA) with this press release denounces the Greek delegation to the United Nations, which, by means of its permanent representative to the UN, ambassador Giorgos Kaklikis reported that:

“As about discrimination on the basis of sexual orientation and gender identity, Greece has strong anti-discrimination legislation, which prohibits, among others, discrimination on the basis of sexual orientation and gender identity. In addition to that, the Greek government, is presently investigating the subject of recognition of same sex couples. I would like to emphasize that we fully support your efforts in this field and we urge you to continue the work that you do in that direction”. 

These, among others, where the words of the Greek ambassador to the UN, Mr Kaklikis in the 19^th Assembly of the Human Rights Council, addressing the Office of the United Nations High Commissioner for Human Rights (video of the ambassador's speech can be found in the following url: http://www.unmultimedia.org/tv/webcast/2012/03/greece-item-2-13th-meeting-19th-session-human-rights-council.html). 

We wish to strongly denounce the Greek Representatives to the UN for spreading unabashed lies and for political fraud, because the legislation in Greece makes absolutely no provision for discrimination on the grounds of gender identity.

We wish to denounce the state for its stance in the matter of gender identity and anti-discrimination legislation. Despite the continuous encouragement of the Greek Transgendered Support Association and other local organizations, despite the continuous encouragement of the European Commissioner for Human Rights of the Council of Europe, for the inclusion of gender identity in anti-discrimination legislation, and also the legislation against the dissemination of hate speech and hate crime, the Greek state has taken absolutely no steps towards that direction.

Instead, the Greek state through its Representative in the United Nations is lying in a provocative manner, commits political fraud against its international partners and in essence is mocking its citizens.

The Greek Transgendered Support Association (TGSA) will continue with all its resources the interventions towards all the Parliamentary Parties and bodies in Greece but also all international organizations, for the inclusion of gender identity in the anti-discrimination legislation but also the legislation against the dissemination of hate speech and hate crimes, as well as towards the recognition of gender identity.

THE BOARD OF DIRECTORS

http://www.transgender-association.gr/

transgender.support.association@gmail.com

Ireland welcomes Equality Tribunal Decision on Transgender Case

Transgender Equality Network Ireland (TENI) welcomes the Equality Tribunal’s decision in the Louise Hannon case to extend protections to transgender people.

TENI Chairperson, Martine Cuypers said: “This is a significant step for transgender equality in Ireland. An important precedent has been set in recognising the inclusion of transgender people under the gender ground of equality legislation.

“We also congratulate Louise Hannon on winning this landmark case following her four-year legal battle. Ms. Hannon’s case highlights that transgender people regularly experience discrimination in the workplace as well as challenges in accessing and retaining employment.

“TENI urgently calls on the government to fulfil its commitment to extend the protections of the equality legislation to transgender people through the explicit inclusion of ‘Gender Identity and Gender Expression’ as protections under the gender ground,” she said.

Gender Recognition Legislation urgently required

TENI urges the government to introduce comprehensive Gender Recognition Legislation for Ireland. Gender Recognition Legislation is promised in the Programme for Government and a working group is due to provide recommendations to the Minister for Social Protection, Joan Burton shortly.

“This case highlights the importance of a proper legislative framework for gender recognition and we urge Minister Burton to move forward with drafting and enacting this legislation as quickly as possible,” Ms. Cuypers added.

TENI was established in 2005 and represents Ireland’s transgender community. TENI provides support services for transgender people across the country. At present TENI facilitates six support groups across the country in Cavan, Cork, Dublin, Galway, Limerick and Waterford. A further service is opening in Sligo shortly. 300 people accessed TENI’s support services in 2010.

Further Information

Martine Cuypers, Chairperson, TENI: (01) 873 3575 / (087) 135 9816.  

Irish Government Gender Recognition Advisory Group Report – A Missed Opportunity

Irish Government Gender Recognition Advisory Group Report – A Missed Opportunity

1. Recommendation that a trans person in an existing valid marriage or civil partnership must obtain a divorce or dissolution of the partnership in order to have their gender legally recognised. This requirement contradicts the Irish State’s constitutional obligation to protect marriage, and by requiring divorce, creates further obstacles to many couples in Ireland who wish to remain together. This morning, GRAG Chairperson Oliver Ryan admitted that the proposal left couples in “a practically impossible position”.
2. Requirement that a trans person must live in their preferred gender for a minimum of 2 years (Real Life Test) without legal recognition or protection in order to obtain recognition. This requirement would cause unnecessary distress and anxiety for many trans people.
3. Medical Criteria:

1. Requirement of a diagnosis of Gender Identity Disorder in addition to relevant supporting medical evidence, or
2. Medical evidence that the applicant has undergone gender reassignment surgery, or
3. Evidence of the recognition of changed gender in another jurisdiction. The proposed medical criteria are problematic as they will exclude many trans people and discourage many more from seeking legal recognition.

Italian court says sterilisation is not mandatory for gender reassignment

Italian court says sterilisation is not mandatory for gender reassignment

This article was taken from www.equal-jus.eu

PINK EMBASSY WINS THE CASE AGAINST THE MEMBER OF THE ALBANIAN PARLIAMENT

The Commissioner for Protection against Discrimination recommends to the Albanian Parliamentarian to avoid discriminatory language and statements against the LGBT community in Albania.

Portugal adopts Trans law - 8 days for Legal Gender Recognition

Congratulations, Portugal! It is a Trans law!

After the president had vetoed the parliament's decision las year, he now signed the law coming into force on March 15^th. Thus, Portugal has finally a law regulating the legal gender recognition. It is filling a legal gap human rights activists have been pointing out for a long time. With the new law, the preferred gender can be obtained using a standardized administrative procedure within 8 days. Besides the application a certificate from a medical multi-disciplinary team is necessary to fullfil the pre-conditions. The procedure is only open to individuals of Portuguese nationality and above 18 years of age.

TGEU welcomes this legislative step as it ends a long period of legal uncertainty for trans people in Portugal. Portugal joins also the progessive club of Spain and the Uk, the only countries in the European Union, where sterilisation is not mandatory in legal gender recognition legislation. It sends also an important signal to other states in Europe to reconsider  pre-conditions and remove abusive elements ub gender recognition legislation as recommended by the Council of Ministers in 2010.

"The right to documents corresponding to the identity of a person is a basic citizen right. We congratulate ILGA Portugal and other human rights activists in Portugal to this success." says Richard Köhler, Co-chair of Transgender Europe.

With regard to the economic crisis, those suffering diametral from discrimination and social exclusionneed special  attention.

Köhler comments further "We are confident that this law improves the lifes of trans people in Portugal significantly. After clarifying this aspects, other questions need to be tackled as well. Access to adequate health care and the job market as well as guaranteeing a life free from discrimination now need to be prioritized for both trans citizens and residents of Portugal."

Portugal had gained sad prominence when Gisberta was brutally murdered in 2006 and only upon local and international pressure the purpetrators were brought to justice.

The legislative process was initiated by Thomas Hammarberg, Council of Europe Human Rights Commissioner, who had visited Portugal earlier in 2010.

The text of the law can be found here: http://dre.pt/pdf1sdip/2011/03/05200/0145001451.pdf

Study on the situation of trans people at the job market in the Netherlands and Flanders

Transgender at Work

TRANSGENDERS EN WERK Een onderzoek naar de arbeidssituatie van transgenders in
Nederland en Vlaanderen
Utrecht, mei 2010
Auteur: Paul Vennix
www.rutgersnissogroep.nl

Download

Summary

In this study the employment situation of Dutch and Flemish transgender employees has
been mapped out and the circumstances influencing their situation. Unemployed
transgenders have also participated in this study, and have given insight into the
problems they experience with being transgenders when trying to find work.
Participants of this survey have mainly been approached through the websites of
transgender interest groups in the Netherlands and Flanders. We put a comprehensive
questionnaire on the Internet, which was answered by 386 transgenders. The
transgenders who responded are not representative for the entire transgender
population.
The survey distinguishes between MtFs (transgender females born male) and FtMs
(transgender males born female). A further distinction is made between non-ops
(transgenders who do not proceed with Sex Reassignment Surgery (SRS)), pre-ops
(those who have applied for SRS) and post-ops (those who have had surgery). FtMs are
underrepresented in this study. Consequently, certain aspects of the employment
situation of FtM non-ops, pre-ops and post-ops were impossible to compare. Moreover,
too few unemployed FtMs participated in the survey to describe their circumstances.
Unemployed MtFs (but very likely FtMs as well) are often rejected when applying for a
job because of their transgender background, and face great difficulties finding jobs in
which their transgender background is accepted. Reintegration bureaus and departments
are rarely well-adjusted to the personal situation of unemployed transgenders.
Having a transgender background is a career barrier both for the unemployed and the
employed. Being unable to be oneself, discrimination and lack of acceptance from
colleagues play important roles. Consequently, transgenders are underrepresented in
important positions.
Transgenders hardly dare come out at work. This goes especially for non-ops, since they
do not know whether their managers are going to support their coming out.7 They fear
being bullied by their colleagues.
Eventually, in the event of having chosen for SRS (pre-ops), coming out is inevitable.
Even then a number of pre-ops postpones their coming out till the very limit. However,
pre-ops, who admit to wanting Sex Reassignment Surgery, are usually supported by their
management. Generally, a majority of their colleagues accept their decision to have
surgery.
In spite of all this, as the National Enquiry into Employment Circumstances 20068 shows,
transgenders (non-ops, pre-ops and post-ops) are confronted with annoying behaviour of
colleagues much more often than others. MtFs are even more troubled by this than FtMs.
Gender crossing expressions by men (make-up, women’s clothes, girl’s names etcetera)
are hardly ever accepted at work, though women are also expected to conform to the
current gender rules. This renders it impossible for transgenders to show themselves at
work as they really are.
Male colleagues’ attitudes are more deprecative towards transgenders than those of
female colleagues. Therefore, FtM pre-ops have more difficulty in being accepted as men
into the men’s world at work. MtF are more easily admitted into the women’s community
Few transgenders fit into the box ‘male’ or ‘female’. Gender dichotomy and organisational
(and cultural) policies often lead to mental problems, because people can not sufficiently be themselves. MtFs often find themselves in male dominated jobs because of a ‘male’
career choice, in which they do not feel comfortable. This also leads to psychological
problems.
Diversity management contributes to a large degree to a positive job experience and a
good workrelation with colleagues and superiors. Diversity management promotes
transgenders’ open attitude at work.
In order to improve transgenders’ position (at work) policies specifically directed to their
employment situation are needed, as well as a general organisation policy. The
Yogyakarta-principles9 are an important guideline in this. Additionally, the memorandum
on the Emancipation policy of Lesbians and Gays 2008-201110 needs to be readjusted,
since it hardly pays any attention to transgenders. The male-female dichotomy needs to
be broken apart not only in legislation and abolition of sex registration, but by granting
partial sex reassignment surgery in the Netherlands in accordance with international
guidelines11. Simultaneously, transgenders’s image needs to be improved by means of
education and information (with special focus on gender diversity). Transgenders as a
target group need explicitly to come under the Equal Rights Act. Equality and antidiscrimination
policy will only then be directed to transgenders as well. Moreover, both in
diversity management and in the Collective Labour Agreements special attention should
be paid to transgenders. Labour reintegration offices and labour advice bureaus should
be better equipped (and have more know-how) to be of service to transgenders.

Towards simplified regulations in France

Socialist MP Michèle Delaunay and the whole socialist parliamentary group submitted on December 22nd 2011 a bill that aims at simplifying legal gender recognition for transgender citizens.

It concludes three years long endeavors of a parliamentary working group lead by Michèle Delaunay with the expertise of HES activists (Homosexualités & Socialisme)

This bill has following objectives :

- to  equalize court judgment outputs about legal gender change in civil status, stopping the obligation to prove that the undergone physical transformation is irreversible. The Ministry of Justice issued a circular letter on May 14th 2010 towards prosecuting attorneys, requesting to stop demands of medical examinations. It didn't change judge behaviors still seeking the irreversible criteria.

- to simplify the legal proceeding enabling gender change in civil status, aiming at, according Michèle Delaunay's own words,  cancelling its traumatic and barbarian nature. The proposed proceeding recognizes the individual’s  preferred gender identity, without any prior obligation to undergo sterilisation or other medical procedures such as sex reassignment surgery and hormonal therapy, and therefore comply with the resolution 1728 ( article 16.11.2) voted on April 29th 2010 by the Parliament Assembly of Council of Europe.

The proceeding give back full dignity to transgender persons. Once for all gender change in civil status and transgender health are de-correlated. 

The bill has been translated in English and can be found here.

Yet,  transgender health and related standards of care are still an open issue in France, left abandoned by current government. HES still demands that a comprehensive reform including standards of care, care structure, and insurance coverage shall comply with the principle of free choice of  its own practitioner, and with a true respect of transgender needs diversity.

This submitted bill will not be proposed for a vote since current parliamentary political orientation can't allow it. French presidential election is coming soon in early 2012 and makes hope for a new political distribution in the Parliament two months later. This bill will be the only reference in matter of gender change in civil status. HES and LGBT NGOs will make sure that candidates' promise towards transgender rights takes benefit from this submitted bill and comes true as soon as possible .

***

Contacts :

Gilles Bon-Maury, président d'HES, gilles.bon-maury@hes-france.org, tél. +33 6 61 53 19 39 ;

Laura Leprince, déléguée chargée des questions d'identité de genre, laura.leprince@hes-france.org, tél. +33 6 85 88 58 11.

http://www.hes-france.org/

Trans Woman Murdered in Istanbul

Didem - source:www.radikal.com.tr

Transphobic murder in Istanbul "I thought that she was a woman, but she was a travesti. After learning this, I killed her."

With great sadness and anger have we learned that yet another trans woman has been killed in Turkey on 31^st of July 2011. This is the info received today from TGEU member organisation Pembe Hayat:

dear friends,

as regards to the murder of didem, today we have more information. the murderer is a 26 years old man, who met with didem on facebook and agreed to have sex by paying her - didem is a sex worker. interestingly, the murderer is a fugitive soldier, named o.f.k.

he was caught by the police just after the murder after the high level of noise coming from the victim. he confessed to the police, "i thought that she was a woman, but she was a travesti. after learning this, i killed her."

tomorrow, we will have a silent protest in front of the apartment of didem together with the trans community in istanbul at around 18.00 p.m. in findikzade district of istanbul.

here is the link, where you can find the video taken just after the murder, where you can see the murderer and the trans friends of didem.
http://www.oynat.tv/facebookta-tanistigi-travestiyi-oldurdu

Our thoughts go out to Didem's close ones and the Trans and sex worker communities in Turkey.

These transphobic murders and attacks have to stop! Impunity for transphobic murders and attacks needs to be ended now!
 

Transgender Hearing in the Danish Parliament

Monday 14th March 2011 was a day to remember for Danish trans activism. 

For the first time ever a hearing was held in Christiansborg with the focus on healthcare, social policy and human rights for transgender people.

The day was in every respect a huge success. There were a number of speeches that highlighted the situation. Among those participating, Karin Astrup and Maria Sundin spoke on the dilemma whether transsexual people are sick versus the requirement to have Sex Reassignment Surgeries paid by public funds.

Pia Nielsen spoke about the TVT project and the Hammarberg report. Denmark is among the countries in Europe that hardly complies with Mr. Hammarberg’s recommendations for Human Rights for transgender people

100 people participated and consisted of politicians, specialist from various authorities and transgender people.

It was notable that a number of various media also participated - Danish Television (DR), Ritzaus Bureau, Berlingske Tidende (one of the largest newspapers in Denmark), Modkraft (LGBT newspaper) and other journalists.

The main organiser of the hearing, Irene Haffner, was interviewed by the main TV channel in Denmark in Prime Time and I was myself interviewed by 2 radio channels

That has led to a number of articles in various newspapers and on some websites. One is the following (in Danish):

avisen.dk/i-dag-indtager-transerne-christiansborg_143248.aspx

Pia Nielsen

Transphobic Police violence in Tirana, Albania

Call for urgent investigation on the latest case of extreme violence used by the police against a transgender woman in Tirana

Urkaine: homophobic bill comes forward

The Ukrainian Parliament has adopted on 2^nd Oct in 1st reading legal proposal bill # 8711. Once adopted the law  prohibits any public dissemination of information relating to sexual orientation and gender identity. This is a serious infringement on the right to information and renders the work of civil society organizations in these areas illegal.

Transgender Euroep - TGEU is very concerned about these developments and has asked prime Minsiter Azarov, President Yanukovich and Minister for Foreign Affairs Gryshchenko to stop this dangerous development that is playing with populist sentiments.

Read the letter TGEU sent to Prime Minister Azarov here.

Read more about the information on the legal proposal on the website of TGEU member organisation NGO "Insight".

sorry, no surgeries available. Malta continous breach of human rights

 “The case law of the European Court of Human Rights clearly requires states not only to provide for the possibility to undergo surgery leading to full gender-reassignment, but also that insurance plans should cover ‘‘medically necessary’’ treatment in general, which gender reassignment surgery is part of.” says the Commissioner for Human Rights in his issue paper “Human Rights and Gender identity”.

Read more on the situation of trans people in Malta here.