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| The CFA says it is unconstitutional to require transgenders to undergo full sex reassignment surgery |
In a decision that has far-reaching implications for transgenders in Hong Kong, the Court of Final Appeal has ruled that full sex reassignment surgery is not necessary before one can have their new gender recorded in their identity cards.
Hong Kong’s highest court
issued the ruling Monday in the appeal filed by Henry Edward Tse and another man
called Q, who both lost their cases in the Court of First Instance and the
Court of Appeal.
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| PINDUTIN PARA SA DETALYE |
The two sought to convince the
lower courts that the commissioner of registration was wrong in refusing to
change their gender in their identity cards as they had only undergone hormone
treatment and had their breasts removed.
In deciding against their application,
the commissioner cited a policy saying transgenders must first undergo full sex
reassignment surgery before being granted an amendment to the gender markers on
their ID card.
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| Pindutin para sa detalye |
This means removing or
altering their genitals to conform with the new gender identity they want
stated in their ID cards.
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However, many transgenders
opt not to undergo full reassignment as there are risks involved and they do
not see it as necessary.
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| PINDUTIN PARA SA DETALYE |
In its decision that was handed
down, the CFA declared that requiring the appellants to undergo full SRS before
any alteration could be made in their gender markers, was a violation of their
rights under the Bill of Rights, and was unconstitutional.
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The court also said that “the policy’s consequence is to place persons like the appellants in
the dilemma of having to choose whether to suffer regular violations of their
privacy rights or to undergo highly invasive and medically unnecessary surgery,
infringing their right to bodily integrity. Clearly this does not reflect a
reasonable balance. The policy imposes an unacceptably harsh burden on the
individuals concerned.”
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| PINDUTIN PARA SA DETALYE |
All five justices of the
court led by Chief Justice Andrew Cheung concurred in the decision.
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| PADALA NA! |
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