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Violence against transgender people includes emotional, physical, sexual, or verbal violence targeted towards transgender people.^[1] The term has also been applied to hate speech directed at transgender people^[2] and at depictions of transgender people in the media that reinforce negative stereotypes about them.^[3] Trans and non-binary gender adolescents can experience bashing in the form of bullying and harassment.^[4] When compared to their cisgender peers, trans and non-binary gender youth are at increased risk for victimisation, which has been shown to increase their risk of substance abuse.^[4]

Institutional discrimination against trans people due to transphobia or homophobia is a common occurrence for trans people.^[5][6][7] Hate crimes against trans people are common, and "in some instances, inaction by police or other government officials leads to the untimely deaths of transgender victims."^[8] Protections against violence for transgender people vary by jurisdiction.

Differentiation from gay bashing

Unlike gay bashing, anti-trans violence is committed because of the target's actual or perceived gender identity or gender expression, not sexual orientation.

At least since the Stonewall riots in 1969, people from the greater trans communities have often been politically aligned with the lesbian, gay, and bisexual communities.^[9] However, researchers and some activists from the greater trans communities argue trans bashing should be categorized separately from violence committed on the basis of sexual orientation ("gay-bashing").^[8][10] Anti-trans bias crimes have been conceptually and characteristically distinguished from homophobic crimes in the scholarly research.^[11] One argument is that conflating violence against trans peoples with violence against gay people erases the identities of people in the greater trans communities and the truth of what happens to them. However, campaigns against gay bashing and trans bashing are often seen as having a common cause.^[12]

In the murder case of Gwen Araujo, the perpetrators accused of hate crimes against her tried to use a trans panic defense, an extension of the gay panic defense.^[13][14] The jury deadlocked, but there is evidence they rejected the trans panic defense. One law journal provided an analysis of the trans-panic defense, arguing in part that the emotional premise of a trans panic defense (shock at discovering unexpected genitals) is different from the emotional premise of a gay panic defense (shock at being propositioned by a member of the same sex, perhaps because of one's repressed homosexuality).^[15]

Laws covering gender identity

International

The United Nations adopted their Universal Declaration of Human Rights in 1948 as the first global declaration of human rights.^[16] There are a number of articles in the declaration that have been suggested to specifically pertain to transgender people and violence (including, but not limited to, physical, psychological, legal, systemic, emotional, and political violence), although LGBT rights are not explicitly outlined in the document.

• Article 2 entitles individuals to all of the rights and freedoms set forth in the declaration "without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status".
• Article 5 states that "o one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment."
• Article 7 states that "ll are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination".
• Article 9 bans "arbitrary arrest, detention or exile" (which, according to Article 2, is protected from distinction based on identity or belief).
• Article 20 states that "veryone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers."^[17]

Pakistan

Transgender rights are legally protected by the law of Pakistan via the Transgender Persons (Protection of Rights) Act, 2018 which prohibits discrimination and violence against trans people in the country.^[18]

United States

In the United States, currently seventeen states plus the District of Columbia have hate crime laws protecting people victimized on the basis of their gender identity (they are California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, Missouri, Nevada, New Jersey, New Mexico, New Hampshire, Maine, Oregon, Rhode Island, Tennessee, Vermont, Virginia, Utah, Washington, and Washington, D.C.).^[19]

The Matthew Shepard Act expanded the federal hate crime laws to include gender, gender identity, and sexual orientation. In order to qualify as a federal hate crime in the United States, the crime must include successful or attempted bodily injury due to the use of firearm, explosives, weapons, fire, or incendiary devices.^[20] Hate crimes are covered by state, rather than federal laws unless the victim or defendant travel across state lines or national borders; using an interstate commuting route; the weapon has been brought across state lines; or if the conduct interferes with or otherwise affects commerce across state lines.^[20] This means that, unless hate crimes under the federal definition occur in a way that does not just affect one state, states have the freedom to implement their own hate crime laws. The protections of these laws range widely. Pennsylvania, for example, has not included gender identity in their hate crime protections since it was rescinded from the law in 2008.^[21]

By country

Americas

United States

In the late 2000s in Seattle's gay village of Capitol Hill, there was evidence of an increase in incidents of violence against trans people.^[22]

'Bathroom bills' to enforce gendered bathroom use

Bathroom bills are bills proposed with relation to bathroom access and gender identity.^[23] There have been a number of bills proposed in the United States intended to limit access to restrooms for those who do not identify with the sex on their birth certificate. Some of these bills are justified with the rationale of protecting cisgender women from violent acts committed by cisgender men entering their facilities under the pretense of identifying as transgender women, although there is no evidence thus far of any instances of this.^[24][25][26]

Some transgender people are content, and may even prefer, using gender-neutral bathrooms, but others expect the right to use the bathroom of the gender with which they identify. The Gay, Lesbian & Straight Education Network found that singling out trans students by offering them alternative facility options may backfire by increasing their chances of disengaging from school or dropping out entirely.^[27] Using bathrooms that are incongruent with the gender one presents as breaks social norms while following laws, and one study found that cisgender people report discomfort at the incongruous appearance between someone's gender presentation and the bathroom they're in even when the bathroom matches their assigned sex. ^[28]

Harassment of transgender people in bathrooms

Transgender people are more likely to be harassed in bathrooms by cisgender people than vice versa. In one survey, 70 percent of the transgender respondents had faced discrimination when attempting to use a restroom of their gender identity, including "denial of access to facilities, verbal harassment, and physical assault."^[29] An example of such harassment occurred in 2018, when California Republican Congressional candidate Jazmina Saavedra said she heard the "voice of a man" from a locked stall in the women's restroom of a fast-food restaurant in Los Angeles and filmed herself chasing the person out of the restaurant with assistance from the restaurant manager. In the video, Saavedra said she was prepared to use pepper spray and a stungun against the transgender woman.^[30] This kind of tactic can result in public outing of a transgender person's current or former gender identity.

One survey of transgender populations conducted in Washington, DC, by the group DC Trans Coalition, "found that 70 percent of survey respondents report experiencing verbal harassment, assault, and being denied access to public toilets."^[29] It also found that "54 percent of all respondents reported having some sort of physical problem from trying to avoid using public toilets, such as dehydration, kidney infections, and urinary tract infections" making access to safe restrooms a public health issue.^[29][31]

On 23 February 2020, a restaurant patron in Toa Baja, Puerto Rico made a police report that a transgender woman had entered the women's bathroom. Police arrived at the restaurant and spoke to the transgender woman. Someone filmed the police interaction and posted the video to social media. Later that day, the transgender woman—Alexa Negrón Luciano, also known as Neulisa Luciano Ruiz—was murdered.^[32]

Asia

India

Zdroj:https://en.wikipedia.org?pojem=Violence_against_transgender_people
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