My Take | Now is the time for a change in the mindset on LGBTQ rights
Lack of measures to protect this community’s liberties, despite growing public support and many court judgments, reflects badly on Hong Kong
The freedom to use a suitable public toilet is a human right we can all relate to. Most of us know whether to use a washroom for women or “gents”. But for transgender people in Hong Kong, the issue can be deeply troubling.
Many face a dilemma when using toilets managed by the Food and Environmental Hygiene Department. They are required to choose one that corresponds to the sex stated on their identity card, often their gender at birth.
Those making the difficult transition to the opposite gender might have to use a women’s toilet when looking and dressing like a man, or vice versa. Many are so uncomfortable they don’t use public conveniences at all.
This unsatisfactory position must now change, with a High Court ruling last week declaring laws making it a criminal offence to use the “wrong” FEHD toilet unconstitutional.
Mr Justice Russell Coleman struck the regulations down, finding them to breach equality and privacy rights. He suspended his ruling for a year, giving the government time to find a solution.
The case may seem trivial, but it is of great importance to the transgender community and raises the sensitive question of precisely when, during the transition, a person should be treated as having their acquired gender?
Litigant K, who was born female but identified as male from an early age, was diagnosed with gender dysphoria in 2017. K undertook hormonal treatment and the “real life experience” of consistently living as a man. An integral part of that process is using public toilets for men. Gender dysphoria is a medical condition that causes much distress and discomfort. It is a biological condition rather than a lifestyle choice, said the judge.