An Indian hijra dances in Mumbai. Photo: Getty.
Show Hide image

India’s Supreme Court recognises a third gender

The Supreme Court in India has issued a new law allowing transgender people to change their gender on official documents to reflect their gender identity – why are so many European countries still several steps behind?

The Supreme Court in India has issued a new law allowing transgender people to change their gender on official documents to reflect their gender identity. Many newspapers yesterday reported this as India officially recognising a “third gender” – because until the law was passed, transgender people had to register as either male or female. The law is actually more wide-ranging than this because it means anyone can change their gender on official documents to male, female or transgender depending on their self-identity. The term self-identity is crucial here: transgender people in India don’t need to undergo any surgical or medical intervention to change their gender on official documents.

These new laws alone won’t change the discrimination that many transgender people (often called hijra in India) face: many are excluded from mainstream employment and society – to the extent that some hospitals have reportedly refused to treat them – and are regularly harassed by police. It is however an important step in the right direction, because legal recognition can underpin greater social acceptance and community integration. The Supreme Court is also introducing quotas to increase the representation of transgender people in employment and education.

So how does India now compare to other countries in terms of transgender rights? It is hard to find reliable, comprehensive data on laws protecting transgender people worldwide, but Amnesty International  and the International Lesbian, Gay, Bisexual, Trans and Intersex Association both publish detailed reports on the situation in Europe: and they suggest that European countries have some catching up to do when it comes to establishing a legal framework to protect and recognise the rights of transgender and intersex people.

Last year, Germany became the first country in Europe to allow babies to be registered as “indeterminate sex” when they are born with characteristics of both sexes: until then (as in other European countries) parents were forced to assign a gender to their baby, a decision that is often accompanied by surgery to make the child’s physical characteristics conform more closely to either male or female.

Several countries worldwide allow individuals to register as a third gender on their passport applications including New Zealand (2012), Bangladesh (2011) and Australia (2011) , while Nepal has allowed people to register as a third gender on its census since 2007 and Pakistan on identity cards since 2011. In the UK, individuals who are born intersex (around one in 2000 of the population) must be registered as male or female, and often undergo surgery as young babies to “enforce” this assigned gender. 

European countries have also been too slow to allow individuals to change their gender on official documents to reflect their self-identity. In 1992 the European Court of Human Rights ruled that refusing to allow people to change their gender markers on official documentation was a violation of human rights – but still many European countries are lagging behind. The ILGA has published a summary of trans rights across 49 countries in Europe and found that in 16 countries there is no procedure for people to change their gender on official documents. In 24 countries in Europe, trans people must undergo sterilisation before their gender identity is recognised. In other countries they must first be diagnosed as suffering from a mental health disorder and in 19 countries you must be single to change your gender identity. Why should people be forced to make such stark choices?

While the legal system in many European countries fails to recognise individuals’ gender identity, many transgender people are also subject to abuse and discrimination in other areas of life: 35 per cent of respondents to Amnesty International’s survey of transgender rights said they had experienced violence or the threat of violence in the past five years.

The Supreme Court ruling in India is good news for the country’s transgender population, and its impact could be even greater if it forces European countries to face up to some uncomfortable home truths. 

Sophie McBain is a freelance writer based in Cairo. She was previously an assistant editor at the New Statesman.

Getty
Show Hide image

Macron celebrates 100 days in office with historically low approval ratings

He knows whose fault it is... and it's not his.

Clouds are accumulating over Jupiter. Today marks 100 days in the French presidency of Emmanuel Macron, the cunning “neither left nor right” politician with a grand vision for France who has been compared to the aforementioned king of Roman gods, France’s Sun King Louis XIV, and Napoleon, the last of whom Macron only just loses out to as the youngest French ruler since the Revolution. There’s just one problem with the narrative - the French people don’t seem to agree.

Macron’s approval ratings have plummeted over the summer, to reach an all-time low for any modern-era president's first 100 days of 36 per cent. That’s 10 points lower than his predecessor – and former boss – Francois Hollande, whose nickname right after his election in 2012 was “Flamby”, the French equivalent to a very floppy pudding. It's much lower than Nicolas Sarkozy, to whom Macron has been compared for his relative youth and flamboyant style: at 100 days, “Sarko” was sailing with 66 per cent (though he would fall to 34 per cent during his later “bling” period, never recovering enough for the 2012 election). That's even a point below Donald Trump's own ratings, and the US President is a few steps away from causing the apocalypse.

There are many explanations for this abysmal drop: rows have developed over the summer, including one over a planned housing aid cut and another after the general-in-chief quit over army budget cuts (the general's approval ratings in the row were much higher than the president’s). The French Parliament, which is controlled by his party La République en Marche, has also allowed the government to use rulings to reform the French labour market rather than putting them to a full vote.

But Macron thinks he knows the real reasons his popularity has fallen. MPs from his party are deemed inexperienced, his ministers don’t speak enough to the press and his Prime Minister, Edouard Philippe, “doesn’t leave enough of a mark” on the public. Basically, it's not his fault – nevermind that his vision detailed all the things he is blaming: a renewed Assembly, a very restricive media strategy, and a PM who would remain in the president’s shadow.

To find a similarly unpopular French President near the start of his term, you must go back to 1995 and newly-elected Jacques Chirac’s attempt to makes cuts in the sacred French healthcare system, la Sécurité Sociale, which left voters feeling betrayed. He recovered, topping 63 per cent in 1999, but in 2002 was unpopular again and only got re-elected (with an astounding 82 per cent) because he was facing far-right Jean-Marie Le Pen in the runoff. Remind you of anyone? Actually, even that isn't a favourable comparison, as Macron’s victory over Marine Le Pen last May was much less of a landslide, with 65 per cent.

Not all is lost, though. Now 84, Jacques Chirac saw the tide of public opinion turn in in his favour, at least after his presidency. He has been named "most likeable president" by the French people and has become a meme, notably on the viral Tumblr dedicated to photos of his mandates, FuckYeahJacquesChirac.

Macron’s own Tumblr fans aren’t quite as famous yet, but he will need all the help he can get if he wants his authority to survive past the autumn’s planned social movements.