An Indian hijra dances in Mumbai. Photo: Getty.
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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.

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Hate Brexit Britain? 7 of the best places for political progressives to emigrate to

If you don't think you're going to get your country back, time to find another. 

Never mind the European Union, the UK is so over. Scotland's drifting off one way, Northern Ireland another and middle England is busy setting the clocks back to 1973. 

If this is what you're thinking as you absentmindedly down the last of your cheap, import-free red wine, then maybe it's time to move abroad. 

There are wonderful Himalayan mountain kingdoms like Bhutan, but unfortunately foreigners have to pay $250 a day. And there are great post-colonial states like India and South Africa, but there are also some post-colonial problems as well. So bearing things like needing a job in mind, it might be better to consider these options instead: 

1. Canada

If you’re sick of Little England, why not move to Canada? It's the world's second-biggest country with half the UK's population, and immigrants are welcomed as ‘new Canadians’. Oh, and a hot, feminist Prime Minister.

Justin Trudeau's Cabinet has equal numbers of men and women, and includes a former Afghan refugee. He's also personally greeted Syrian refugees to the country. 

2. New Zealand 

With its practice of diverting asylum seekers to poor, inhospitable islands, Australia may be a Brexiteer's dream. But not far away is kindly New Zealand, with a moderate multi-party government and lots of Greens. It was also the first country to have an openly transexual mayor. 

Same-sex marriage has been legal in New Zealand since 2013, and sexual discrimination is illegal. But more importantly, you can live out your own Lord of the Rings movie again and again. As they say, one referendum to rule them all and in the darkness bind them...

3. Scandinavia

The Scandinavian countries regularly top the world’s quality of life indices. They’re also known for progressive policies, like equal parental leave for mothers and fathers. 

Norway ranks no. 2 of all the OECD countries for jobs and life satisfaction, Finland’s no.1 for education, Sweden stands out for health care and Denmark’s no. 1 for work-life balance. And the crime dramas are great.

Until 24 June, as an EU citizen, you could have moved there at the drop of a hat. Now you'll need to keep an eye on the negotiations. 

4. Scotland

Scottish voters bucked the trend and voted overwhelmingly to stay in the European Union. Not only is the First Minister of the Scottish Parliament a woman, but 35% of MSPs are women, compared to 29% of MPs.

If you're attached to this rainy isle but you don't want to give up the European dream, catch a train north. Just be prepared to stomach yet another referendum before you claw back that EU passport. 

5. Germany

The real giant of Europe, Germany is home to avant-garde artists, refugee activists and also has a lot of jobs (time to get that GCSE German textbook out again). And its leader is the most powerful woman in the world, Angela Merkel. 

Greeks may hate her, but Merkel has undoubtedly been a crusader for moderate politics in the face of populist right movements. 

6. Ireland

It's English speaking, has a history of revolutionary politics and there's always a Ryanair flight. Progressives though may want to think twice before boarding though. Despite legalising same-sex marriage, Catholic Ireland has some of the strictest abortion laws of the western world. 

A happier solution may be to find out if you have any Irish grandparents (you might be surprised) and apply for an Irish passport. At least then you have an escape route.

7. Vermont, USA

Let's be clear, anywhere that is considering a President Trump is not a progressive country. But under the Obama administration, it has made great strides in healthcare, gay marriage and more. If you felt the Bern, why not head off to Bernie Sanders' home state of Vermont?

And thanks to the US political system, you can still legally smoke cannabis (for medicinal reasons, of course) in states like Colorado.