Since the dawn of time, people have been categorized into two genders. The biological features of people decided the genders – either male or female. This continued to exist till around the recent times before several scholars and activists raised the issue of a divide between gender and biology. The debate around this division was necessitated because of the emergence of the transgenders into the light. The transgenders were in existence since times immemorial but because of the social conditioning of humankind to be aligned to either of the two genders, forced these people to keep quiet (Bockting & Coleman, 2016). However, the world is continually taking drastic steps to improve the standard of living and the quality of life of the people. This objective led the agencies of the world to undertake stringent measures to reevaluate the basic universal human rights of the people. With the widening of scope of the right to freedom, the transgenders found the voice and the support to speak freely about their needs and gender orientation (Marksamer, Spade & Arkles, 2017). This paper seeks to discuss about the transgenders and the problems faced by them in the twenty first century, focusing on the issue of the right of transgenders to use the washroom of their choice in the educational institutions they are enrolled in. This paper also focuses on some recommendations, which will help to improve the quality of life of the transgenders.
This debate is focused on the rights of transgenders, pertaining to their right to use a washroom of their choice in educational institutions. Human beings are usually divided into two categories according to their biological features. They are identified as either male or as females. However, there are certain human beings who do not associate themselves with their prescribed gender identity according to their biology. This was socially unacceptable and there was great prejudices against such human beings if they tried to reveal their true gender orientation. This resulted in the widespread violation of their right to freedom, one of the most fundamental universal human rights granted to humankind (Taylor & Haider-Markel, 2014). The transgenders are fundamentally different in their orientation. Their dressing patterns, mannerism and behavior are not in accordance with the societal prescription of the typical genders. Thus, being forced to live a life they did not associate with was extremely infuriating to them. The movement for the rights of transgenders began in the twentieth century itself but it gained momentum in the twenty first century. The assertive actions taken by the watchdog agencies of the world such as the United Nations and Amnesty International encouraged the transgenders and those in support of them, to fight against the prejudices of the society. Very recently, the rights of transgenders was recognized and a third gender, known as the ‘other gender’ or, at times, the ‘third gender’, was placed alongside the male and female gender (Taylor & Haider-Markel, 2014).
Several issues still exist with respect to the transgender. The State infrastructure is so made which is convenient to the two initial genders of male and female. However, with the recognition of a third gender, there is a need on the part of the State to restructure the State infrastructure (Karasic, 2016). One of the most glaring issue of the contemporary times with regard to the transgender and infrastructure of the State is whether the transgenders should be allowed to use the washroom of their preference within the educational institutions they are affiliated with (Karasic, 2016).
Although, many people have accepted the truth about the transgenders and consider them to be like any other human being, there are many in society, mainly those of conventional mindset, who is still averse to the idea of change. They try to uphold the original gender divide. This thought process has affected the rights of the transgenders, by curbing them to a great extent (Jones et al., 2018). The infrastructural change in society will take place eventually but in the meantime, the rights of the transgenders should be upheld. This is especially necessary in the context of sanitary issues (Arenas, Gunckel & Smith, 2016). The conventional thinking do not allow the transgenders to have the freedom the use the washroom of their choice (Arenas, Gunckel & Smith, 2016). They believe that the biological features of an individual should determine the washroom they use. This is gross violation of the universal right to freedom. The activists in support of the rights of the transgenders believe that the concerned transgenders should have the freedom to use the washroom of the gender orientation that they identify with, rather than using the washroom of the gender identity they were conditioned in in the initial days of their lives (Arenas, Gunckel & Smith, 2016). Transgenders are considered as a vulnerable group because of the existence of prejudices against them and also, because they can be exploited by the other people of the society. Washrooms are extremely personal places and there is a high probability that they may face harassment in the washrooms, which can be immensely traumatizing for an individual (Arenas, Gunckel & Smith, 2016).
To overcome this grave issue surrounding the transgenders with respect to their freedom to use a washroom of their choice in their educational institutions, several policies have been formulated by the State (Flores et al., 2018). The State is the main agency that guarantees the rights and freedom of every individual and try to improve their quality of life. The United States of America passed a Bathroom Bill, which gives free access to the transgenders to use public washrooms of their choice, according to their convenience (Schilt & Westbrook, 2015). An important drawback of such Bill is that the individual will have to prove his/her gender orientation assigned during the time of birth, or provided the gender mentioned in the birth certificate (Schilt & Westbrook, 2015). Alternatively, the washrooms will be segregated in accordance to the biological identity. The first of such bills was passed in 2016, within the State of North Carolina, where the Bill prohibited a transgender to use washroom of their choice. They are required to use only that washroom which corresponds to their biological features (Schilt & Westbrook, 2015).
Such discriminatory policies posed important obstacles in the development of society. A famous lawsuit was initiated within the United States with regard to the issue of the right of transgenders to use a washroom of their choice. The case of Gavin Grimm vs., Gloucester Country School Board, 2015 became a nationwide issue (Eckholm & Blinder, 2016). Gavin Grimm was a school student and he identified himself as a male transgender. However, when he started to use the washroom designated for the boys, the parent of the other children brought this issue in front of the school with great trepidation. The School Board passed a policy declaring that everyone was compulsorily required to use the washroom, which was corresponding to his or her gender identity. This led Grimm to start a lawsuit against his school when the institute forbade him to use the male’s washroom anymore. Grimm’s argument was that the School Board was violating the fundamental federal law of Title IX of Education Amendments of 1972, which provides that the schools receiving grants from the federal government cannot discriminate against anyone based on their gender (Eckholm & Blinder, 2016).
With the change in government in 2016, the new government disregarded the issue of transgender and their right to use a washroom of their choice. The Education Department of the United States clarified that it will not interfere in the administration of the school pertaining to the civil complaints filed by the transgender students with regard to their washroom issue (Eisenberg et al., 2017).
To overcome the problem faced by the transgenders, it is imperative for the Federal Government to pass a comprehensive law, which would protect the right to freedom of the transgenders. A formal policy passed by the highest institute of the State would be implemented efficiently and prevent anyone from encroaching upon the rights of the transgender (Winter et al., 2016). From a societal perspective, it is essential for society to accept the changes. The very structure of ‘society’ is continually evolving and this requires the people to change their mindset accordingly. The educational institutions should take up the initiative to allow the transgender students to use a washroom of their choice, or, they can build a washroom separately for the transgender. This will help to protect the universal right to freedom and equality.
Conclusion
To conclude, it is observed that transgenders still face many obstacles in their personal and professional loves because of their gender identity. The people of the society is yet to accept their presence. Availing the washroom of their own choice is of utmost importance to the transgender students as it helps them to feel safe and comfortable. Not being able to do makes them vulnerable and there is a chance that they might be harassed by the other students. This violates the universal human rights of right to freedom and right to equality. Thus, to protect the basic rights of humankind and to uphold the dignity of the transgenders, it is the duty and responsibility of the State to take stringent measures for the cause of the transgenders.
References:
Arenas, A., Gunckel, K. L., & Smith, W. L. (2016). 7 reasons for accommodating transgender students at school. Phi Delta Kappan, 98(1), 20-24.
Bockting, W., & Coleman, E. (2016). 8 Developmental Stages of the Transgender Coming-Out Process. Principles of Transgender Medicine and Surgery, 137.
Eckholm, E., & Blinder, A. (2016). Federal transgender bathroom access guidelines blocked by judge. Sup. Ct. Preview, 288.
Eisenberg, M. E., Gower, A. L., McMorris, B. J., Rider, G. N., Shea, G., & Coleman, E. (2017). Risk and protective factors in the lives of transgender/gender nonconforming adolescents. Journal of Adolescent Health, 61(4), 521-526.
Flores, A. R., Haider?Markel, D. P., Lewis, D. C., Miller, P. R., Tadlock, B. L., & Taylor, J. K. (2018). Challenged expectations: mere exposure effects on attitudes about transgender people and rights. Political Psychology, 39(1), 197-216.
Jones, P. E., Brewer, P. R., Young, D. G., Lambe, J. L., & Hoffman, L. H. (2018). Explaining Public Opinion Toward Transgender People, Rights, and Candidates. Public Opinion Quarterly, 82(2), 252-278.
Karasic, D. H. (2016). Protecting transgender rights promotes transgender health.
Marksamer, J., Spade, D., & Arkles, G. (2017). A place of respect: A guide for group care facilities serving transgender and gender non-conforming youth. National Center for Lesbian Rights.
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