Not only women are discriminated against because of their gender. The often violent discrimination against transgender males has been prevalent throughout Malaysia for many years. Until now the unfortunate individuals have had no legal recourse. On the 7th of November 2014 the United Nations Office of the High Commissioner for Human Rights (OHCHR) gladly received a recent ruling by the Malaysian appeal court. The judgement asserted that it is unconstitutional that it is considered a criminal act for transgender women to cross-dress.
Rupert Colville, spokesperson of the OHCHR addressed the media in Geneva and said: "Every person has the right to dignity and to live life free from violence and discrimination – including transgender persons.”
What does the law say?
The law under scrutiny were directed at individuals who were classified as male when they were born but identified more closely to the female gender throughout their lives. It was proclaimed that it is a criminal act for such a person to wear female clothing or present themselves as female. The punishment for an infringement ranged between monetary fines and could be as severe as imprisonment of as much as six months.
The law under scrutiny were directed at individuals who were classified as male when they were born but identified more closely to the female gender throughout their lives. It was proclaimed that it is a criminal act for such a person to wear female clothing or present themselves as female. The punishment for an infringement ranged between monetary fines and could be as severe as imprisonment of as much as six months.
Colville said that the OHCHR received information about transgender females being placed under arrest and judged under such archaic laws in Malaysian states. According to the reports these people were subjected humiliating treatment that often led to violence. The Court decided that this is an infringement on the constitutional rights of people to live and work with dignity and without discrimination as well as their freedom to express themselves in whichever way they choose.
Equal Rights for Transgender People
It was ruled that Malaysian states have a moral and legal obligation to revoke laws that discriminate against individuals based on their appearance or gender identity. It was also decided that the Malaysian law keepers would implement the judgement immediately and would follow through by ensuring that transgender individuals would be protected from the prejudice and potential violence they face because of their lifestyle choices and the identity they resonate with. In the same ruling it was also decided that a spate of threats against supporters of the equality of transgender individuals would be investigated.
It was ruled that Malaysian states have a moral and legal obligation to revoke laws that discriminate against individuals based on their appearance or gender identity. It was also decided that the Malaysian law keepers would implement the judgement immediately and would follow through by ensuring that transgender individuals would be protected from the prejudice and potential violence they face because of their lifestyle choices and the identity they resonate with. In the same ruling it was also decided that a spate of threats against supporters of the equality of transgender individuals would be investigated.