Discuss About The Advocacy Part Of Corporate Responsibility.
The research paper intends to examine the decision of the Court of Final Appeal of Hong Kong in the well-known case W v. The Registrar of Marriages. Therefore, the intention of the research paper is to refer to various journal articles for the purpose of evaluating the decision held by the Court of Final Appeal. The research paper intended to highlight various theoretical questions related to right to marriage, recognition of transgender men and women in relation to marriage and equality. The research paper has been conducted for the purpose of examining the fact that how the existing sources and the perspectives of various authors would be useful in developing knowledge regarding the constitutional validity of the observed in W v. The Registrar of Marriages.
According to the perspective of modern authors, the experiences of both male and female transsexuals in a modern era should be examined in order to evaluate their issues and experiences[1]. In this regard, many participants came forward to share their views and perspectives regarding their previous life[2]. Therefore, it can be emphasized based on their experiences that most of the participants preferred their post transition life as compared to their positive self-identification. The issues regarding their right to marriage and their recognition in the society were rightly addressed in this regard. In this regard, it is noteworthy to mention here that most the participants can be identified as gay and lesbian however; they were active only in their communities[3]. At present they are not accepted in the modern society and even lacking support from their previous community.
In modern era, the concepts of transgender and transracial prevail in interaction with each other. Therefore, it can be rightly commented that the society has identified the definition of a transgender and have associated the term with gender identity. In this regard, the famous case study of Rachel Dolezal can be referred who was originally the daughter of white parents and has undergone major transformation and has been living as a black woman since then. In this context, it is worth mentioning that such identification created major political storm within communities however; it can be emphasized that such identity is closely related to equality and recognition of the transgender communities and not political provocation. It is noteworthy to mention here that, as a result of adequate responses from the part of the society regarding the proper identification and acceptance of the definition of transgender people.
It can be rightly commented that for the purpose of building supportive communities, it is important on the part of the societies to accept and give equal importance to the concept of gender equality. It is essential to have adequate knowledge regarding the subject matter of gender dynamics and how these dynamic influences the interactions of daily life. According to the modern authors, the concept of gender identity from the very beginning emphasizes on the deeper meaning of gender and undermines the importance of gender in our daily life[4]. It can be further highlighted that the concept of gender identity is closely related to recognition of transgender community. It can be opined that the gender identity of a transgender person in most of the cases does not match to their assigned birth sex and therefore undergoes transition. Therefore, it is important to emphasize the important facts which were observed in the landmark case of W v. The Registrar of Marriages. In this case, it was observed that since birth the appellant has been registered as a male from birth. However, the appellant has undergone psychological and medical treatment and even hormone therapy and thereafter underwent sex reassignment surgery. After the issuance of medical letter, it was confirmed that she will be recognized as a female however she could not amend her birth certificate. In this case, the Registrar of Marriages refused the application of the appellant based on the grounds that she was a man by referring to the provisions of Section 21 and 40 of the Marriage Ordinance. In this case, the Court was of the opinion that, even various treatment facilities were implemented by the government for the purpose of allowing transsexuals to undergo medical changes and to be recognized according to the gender of their choice, there is no constitutional acceptance regarding the understanding of gender within the right to equality and marriage.
In this regard, the power of the courts to identify the issues related to gender justice can be emphasized. In this context, it can be rightly emphasized that it is important on the part of the civil rights litigators to determine the underlying problems experienced by the LGBTQ communities. According to the perspective of modern scholars, it is important on the part of the individuals of the society to identify the role played by transgender people and their rights to marriage and equality otherwise; these communities will cease to exist[5]. In this regard, it is worth mentioning that, if the individuals do not address the issues faced by the transgender communities, then it will be difficult on the part of the Courts to provide utmost importance to gender equality and marriage equality including their identification in the society. The experiences of discrimination faced by the transgender communities in different areas can be taken into consideration. These areas have been identified as social networking sites, religious places, workplace, healthcare and educational institutions. In such process, it was found that most of the respondents experienced extreme humiliation in their personal and professional life. These humiliations can be described as misidentification, mistreatment, harassment and gender discrimination. It was observed that even in some cases their sexual orientation and their rights to marry have been questioned on certain grounds. In order to discuss the constitutional validity of the decision made by the judge the concepts of psychiatric diagnosis and gender identity to the knowledge of the readers. It can be emphasized that these transgender people are mostly represented as mentally disordered. However, this perception is totally wrong. In this regard, reference can be made to the World Health Organization and the International Statistical Classification of Diseases and their efforts in addressing to the underlying issues of mental health of these transgender communities[6].
From the very beginning, it has been emphasized on the fact that the processes of social categorization can be initiated with the help of physical appearance. The potentiality of human beings and their influences on behavioral patterns has been highly explored. Gender identification is one of the unique features that individuals generally notice. Therefore extensive research has been conducted and investigated that whether the perspectives of the individuals towards transgender people are influenced by changes in gender orientation. Therefore, the rights and equality of the transgender communities can vividly described for the purpose of carrying on the topic in concern in a better way. From the beginning there has been an intention to highlight the perceptions and the experiences of different families in relation to their transgender children. In this context, the perspectives of transgender can be briefly described in relation to the transition of these transgender children within their families. However, the experiences of these families when their children undergo such transition have been taken into consideration. The social and psychological challenges experienced by these transgender children from the society have been emphasized[7]. Therefore, the theoretical and philosophical analysis of the right to marriage and equality can be emphasized in this regard. In the age of urbanization, with the advent of different concepts, the concept of marriage has changed considerably[8]. Previously, the concept of marriage was limited within the union between a man and a woman. From the very beginning, marriage has been defined as philosophers to be a sacred union of a man and a woman[9]. The concept of same sex-couple was not prevalent in the early years and therefore the right to marry same-sex gender has been highly ignored. Marriage is based on the fact that when a man and a woman- described as two halves of a complete life becomes one. Therefore, it is noteworthy to mention here that in modern era, the traditional concept of marriage has been challenged for the purpose of obtaining legal recognition of same-sex couples[10]. This challenge has been identified by modern scholars to be ethical rather than constitutional. Therefore, it is worthwhile to mention here that same sex couples have been demanding the same rights as enjoyed by heterosexual couples[11].
It is equally important to recognize various efforts on the part of the states to recognize the rights of equality of the transgender. In this regard, focus can be made on the role played by the states and the federal government in enacting various laws for the purpose of permitting the residential to discriminate against the LGBTQ communities. Several constitutional questions regarding the right to vote, the right to privacy and the right to marry the opposite were raised by the general public as a whole. It is worthwhile to mention here that marriage equality and the right to gender equality is a right from birth. It can be stated that a person has the right to marry the gender of their choice. In this regard, it is worth mentioning the fact that though transgender marriage has been legalized in Hong Kong however; the rights related to marriage equality and the recognition of transgender communities has been highly ignored. Therefore, it can be emphasized that from the very beginning, transgender communities have been discriminated on various grounds. These grounds may be related to their identity, equality to marriage and gender identity. As a result of such discrimination, the health conditions of these communities have been affected to large extent. In this regard, the application of the National Transgender Discrimination Survey has been examined by the author for the purpose of assessing the conditions of transgender people. In order to explain the constitutionality of the decision of not allowing same-sex couples to marry, much emphasis has been laid on the importance of gay rights movement and the focus on marriage and gender equality of the LGBT communities has been constantly neglected. It can therefore be stated that the society instead of focusing on their equal rights to marriage and identity laid much emphasis on advancing their interests. In this context, marriage can be described as a form of privatization and as an essential tool of neo-liberalism.
In order to focus upon the rights available to the transgender communities it is important to provide a deeper understanding to the readers regarding the development of two recent changes. The first change is regarding the development from childhood to adolescent to adulthood[12]. The second change is focused upon the various biological concepts and the evaluation of various sociological, psychological and biological factors. Therefore, these observations can be efficiently linked to the importance of gender identity in a modern society. It is noteworthy to mention here that, gender identity is associated with these sociological, psychological and biological factors. It is worth noting that marriage equality is a constitutional right. In this regard, the views and perspectives of other legislators regarding the concept of same-sex marriage can be emphasized. The opinions and the point of view of various citizen-legislators regarding civil marriage and equality have been taken into account and have been recognized as a constitutionalist movement[13]. From the very beginning, the concept of marriage equality has been viewed from different perspective. However, in recent era, with the advent of various marriage equality movements, the proponents and opponents of gender identity and equality allowed the legislators to undergo a change in public policy for the purpose of recognition of transgender communities in the society[14].
The perspective of the society towards transgender communities can be vividly presented. In a modern society, the transgender communities experience the harsh reality of life. In spite of various government policies to improve gender identity and marriage equality, these transgender communities were not accepted by the society[15]. Most of the policies regarding gender equality and marriage were formed as a result of public opinion and various legislative processes are associated with it. It can be emphasized that the rights of the transgender people are still nor recognized by the people of the society and they are subjected to various humiliations based on gender discriminations. From the beginning, various debates have been conducted on political and legal grounds regarding the role of same-sex as parents. While much emphasis has been laid on allowing these same-sex couples to the right of marriage equality; their role as parenting has been questioned. Therefore, after reviewing the evidences presented by modern scholars on the issue in concern it can be stated that transgender people are good in parenting as well. In this regard, it can be opined that children being raised by same-sex couples and different sex-couples can be explained from the experiences of the children and not from these authorities. After conducting various research and interviews it has been found that the children raised by same sex parents are not different as raised by parents of different counterparts. The importance of gender identity in a modern world can be highlighted for the purpose of emphasizing the rights to marriage and equality[16]. While focusing on the importance of gender identity, the intention was to show the prevailing differences between sexual identity and gender identification. Instead of distinguishing the concepts, emphasis can be laid on the problems faced by the LGBTQ communities. It can be stated that there are categories of people who are unable to identify their gender during birth. These people are recognized as transgender people and are not accepted by the society fully. The daily challenges faced by a transgender are the most humiliating part of their life and there are few children belonging to such category that experiences these humiliations at their early stage of life[17]. These children are constantly bullied in educational institutions. Therefore, it is important on the part of educational institutions to have access to library resources for the purpose of providing adequate knowledge regarding the issues of gender equality and identity.
The legalization of same-sex marriage is the most important feature of this research paper. The intention is to discuss about the legalization of same sex marriage by referring to the current scenario in Hong Kong. It is noteworthy to mention here that, various laws and regulations were introduced in Hong Kong for the purpose of addressing the issues of transgender people in relation to their identification and marriage[18]. The communities of human rights, from the beginning were concerned about the concept of same-sex marriage. However, they failed to address the underlying issues associated with their recognition and their right to marry the gender of their choice. The determination of gender in a modern society is the current focus of the nations. The concept of gender identification was examined by placing it under various categories. In this context, emphasis can be laid upon the organization of various public debates in support of employment rights of the transgender communities. In this regard, it is noteworthy to divert the minds of the readers towards the need to eliminate the sex marker option as depicted in the birth certificates[19]. After proper evaluation, it can be understood that there is a major difference between gender identification and the rights of transgender in the community.
It is worth examining the fact that whether surgical and hormonal treatments are necessary for the purpose of identification of the transgender community. It is worthwhile to refer here that these transgender communities in order to make themselves recognized citizens to the society undergo various treatments and transformations. For the purpose of conducting these treatments and transformations the health conditions of these transgender people gets highly affected. Therefore, measures should be taken by the government officials in order to enhance gender equality and their rights to marry.
It is essential to examine the constitutionality of the underlying policies of gender discrimination for the purpose of addressing the issues of gender identity in a modern world. Therefore, it is important for the government authorities to implement policies so that individuals are able to gain adequate knowledge regarding the prevailing policies that prevents gender discrimination. It is evident that transgender communities do not get equal employment opportunities. However, with the implementation of various policies which efficiently addresses their rights and equality, the perspective of the society has slightly changed towards the transgender people[20]. It is evident that the LGBTQ community from the very beginning comprises of a unified movement. However, their political priorities are often ignored by the states. Therefore, it can be argued that in spite of various policy implementations in the name of transgender rights, their fundamental rights were not taken into consideration. Their rights to privacy, marriage and equality were mostly ignored. It can be stated that transgender communities has not been whole heartedly accepted by the society and therefore their constitutional rights are not sufficiently addressed by the government authorities. Various movements of tensions can enumerate while addressing the priorities of the transgender communities. It is noteworthy to mention here that various debates were conducted in order to put emphasis on the philosophical ideas governing the concept of same-sex marriage. In this regard, one of the most important theoretical questions was raised while evaluating the constitutionality of the concept of same-sex marriage[21]. From the very beginning, there has been opposition on the part of the society regarding same-sex marriage. In this regard, it is worth noting that the rights of the transgender to marry the gender of their choice have been considered to be null and void by the ancient philosophers[22]. This is because same-sex relations have been recognized as alien relationship by the ancient philosophers. Therefore, it can be commented that marriage is an ontological duty on the part of every individuals. However, the right associated with marriage cannot be ignored. It is essentially important to argue in this regard, that marriage is a social institution and every individual has the right to marriage equality no matter to which gender he belongs.
The research paper therefore examines the concept of the identity development of transgender. In this regard a conceptualized aspect of transgender identity development can be presented. Therefore, the concepts of gender expression and gender equality were taken into account while conducting the research. In this regard, the main concern of the states was that the gender identification of these transgender does not match the criteria of sex that was assigned to them during birth[23]. Therefore, as a result of such questions, it rapidly increased media and political attention. It can be argued that from the very beginning gender identity posed as a multidimensional construction. As a result of such multidimensional nature, it helps an individual to gain adequate knowledge regarding the category of gender in which he belongs[24]. From the very beginning bullying is common in public schools which are adversely linked to both sociological and psychological behavior of a child[25]. In this regard, the main concerns of the authors were to emphasize on the issues of bullying and lack of safely in case of LGBTQ students. In order to address the issues of public school bullying which created huge impact on students belonging to LGBTQ communities, the School policies and practices focused on sexual orientation and gender identity (SOGI) has been implemented. It has been examined that the (SOGI) proved to be beneficial in promoting school safety by reducing bullying. The (SOGI) also provided adequate support in addressing the issues faced by the LGBTQ communities to a large extent. In order to proceed with the legal and philosophical aspects of transgender rights to marriage and recognition into the society, extensive research and study has been carried out for the purpose of eliciting the perspectives and the opinions of the transgender people in relation to their sexual orientation and mental health. Therefore, for the purpose of the research semi-structured interviews were conducted[26]. In this regard, the government policies were taken into consideration which from the very beginning laid much emphasis upon the gender equality and recognition of the transgender people into the society.
The objective is to emphasize on the efforts on the part of the states to recognize the rights of equality on the part of the transgender. In this regard, much importance has been given to the role played by the states and the federal government in enacting various laws for the purpose of permitting the residential to discriminate against the LGBTQ communities. Several constitutional questions regarding the right to vote, the right to privacy and the right to marry the opposite were raised. It is evident that transgender communities across the world are subjected to various kinds of discrimination and violence. Therefore, it can be argued that, the people belonging to transgender communities are often denied from their legal and constitutional rights and sometimes their recognition are subjected to complicated preconditions[27]. As a result of this, their right to privacy, family and equality is hampered. Therefore, it can be rightly emphasized on the fact that by acquiring gender recognition, the right to self determination will not only be achieved but the transgender communities will achieve social and mental well-being.
It is evident that, that the people belonging to transgender communities are not given equal right to marriage as well as recognition into the society. As a result of it, the transgender people live in their own communities and do not mix with the social sphere. Various theoretical arguments were raised by ancient scholars in relation to equality of the transgender groups and their right to marry[28]. The theoretical arguments are concerned with the fact that same-sex marriage couples should have the same right as heterosexual marriage[29]. However, some scholars were of the opinion that homosexual relationship is unethical and it violates the law. They were of the perspective that, homosexual marriage is a violation of natural law of the land. In this paper, it has been addressed that the government authorities are taking measures on their part regarding the issues related with legalization of gay marriage. This kind of engagement can be referred to as corporate political advocacy. The movement of the corporate sectors to support LGBTQ rights was one of the most significant stands taken by the government authorities. The perspective of a feminist can be highlighted which is closely connected with the issues of gender equality and gender discrimination. In this regard, emphasis can be made upon the part that a female also experiences various discrimination on the ground of gender and equality as faced by an individual belonging to the transgender group[30]. The only difference is that transgender are not whole-heatedly accepted or recognized in the society.
Transgender people can be described as those individuals whose gender identification and expression do not cover the norms of gender equality that has been assigned to them during birth. In this regard, the intention is to present the perspectives of a sub-category of individuals who identify themselves as gender queer and has been exploring the meaning of gender equality and gender expression within the traditional binary framework. These traditional binary frameworks are concerned with the fact that whether the gender identity of the transgender is recognized as males of females[31]. It can be argued regarding the matter that there are certain categories of individuals who do not fall under the transgender category. These individuals are not identified as transsexuals because they have undergone transition and remained within the traditional binary categories ether male or female.
The government implemented the Safe Schools programs in order to protect the children belonging to LGBTQ communities. The Safe Schools programs has attracted lots of criticism from public on the ground that these programs were only limited to adolescents[32]. These programs shall not be able to protect their rights to marriage and equality within the society. However, the Safe Schools Program implemented various anti-bullying programs in order to protect the interests of young people who has been identified as gay or lesbian or has been faced with issues regarding their gender identity. The issues regarding gender identity and recognition has been clearly depicted in the Safe Schools Program which will be useful for the school authorities in identifying the issues of gender identity faced by transgender children however; it shall not be applicable during adult stage of life.
The intention of the essay is to present an important concept regarding the matter that when a child is born into a family, what would be the gender identification of such child. In order to answer this query, it would be worthwhile to rely upon the theories of gender predictions[33]. In this regard, it is worthwhile to mention here that, the factor which influences gender predictions is based on genital morphology. Therefore, it can be stated that that biological markers are not required for the purpose of determining that whether an individual is male or female. Therefore, the society is not at the authority to decide that how an individual should be identified based on their gender orientation[34]. Each and every individual has the right to marry and the right to get recognized as a part of the society.
Conclusion:
It can be concluded that the sources has proved to be beneficial as well as advantageous for the purpose of carrying on extensive research in evaluating the constitutional decision of the Court of Final Appeal. It is worthwhile to mention here that the list of journal articles formed a convenient part of the research. Each of the chosen journal articles contained relevant and appropriate information about the case stud contributed enormously to the successful completion of the research topic.
References:
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