Final Appeal Of Hong Kong In The Landmark Case - Evaluating The Constitutional Validity Essay.

Discuss about the Final Appeal Of Hong Kong In The Landmark Case.

The intention of the report is to evaluate the decision given by the Court of Final Appeal of Hong Kong in the landmark case W v. The Registrar of Marriages. In this regard, the research intended to make reference to various journals and scholarly articles in order to evaluate the decision of the present case study. The research highlighted various arguments made by different authors regarding the rights of transgender. The research is commissioned to examine the how the relevant sources and the views of different authors would be beneficial in understanding the constitutional validity of the decision given in W v. The Registrar of Marriages.

The Authors intended to highlight the importance of gender identity in modern era. In this regard, the Author rightly stated that there is a major distinction between sexual identity and gender identity. However, the author has not intended to distinguish between the two concepts rather she focused on the underlying issues faced by the LGBTQ community. According to the perspective of the Author, a person possessing thoughts of same-sex is considered as a gay or lesbian however, persons who are unable to identify their gender assigned to them during birth are identified as transgender. In the opinion of the Author, being a transgender is the most challenging experience and therefore children being identified at an early age are being bullied at educational institutions. By analyzing the source it can be stated that various library resources shall provide appropriate knowledge and understanding with the help of which transgender can identify themselves which can eliminate their feeling of loneliness and despair. Therefore, it is important on the part of librarians to provide these children with appropriate solution and literature in order to improve their condition. The article discussed about the identification of transgender and the issues faced by them in the society and thereby provided appropriate literatures to deal with such issues. In this regard, the article proved to be convenient for conducting the research.

The Authors emphasized of the legalization of same-sex marriage. In this regard, the Authors have made reference to the contemporary scenario in Hong Kong regarding the legalization of same sex marriage which is a topic of global controversy. In the perspectives of the Authors, in spite of various newly introduced laws and regulations in Hong Kong, no legal recognition has been given till date towards the identification of transgender and the union of same-sex couples.  Since time immemorial, much emphasis has been laid on the importance of same-sex marriage which is a major concern for human rights associations. After proper evaluation, it is noteworthy to mention here that the article efficiently determined the present condition of Hong Kong and its approach towards the legalization of same-sex marriage. The purpose of the article was to evaluate the principles of human rights which can be rightly applied to the controversy of same-sex marriage. However, the counter-arguments that have been presented by other scholars for the purpose of objecting same-sex marriage has been taken into account by applying different perspectives of human rights. In this regard, it is worth noting that the article was proved to be beneficial as it provided valuable information regarding the topic of research. The article was appropriate as it contained relevant information about the present subject of research.

Importance of gender identity in modern society

The Author intended to highlight the facts regarding the recognition of gender legislation for transgender communities in Hong Kong. However, that the nature of such legislation is both extensive and far reaching. The Author examined that both surgical and hormonal treatments are not medically required by the transgender community. However, they undergo various medical treatments in order to become an integral part of the society. In the opinion of the Author, the transgender are less concerned about their anatomy, they opt for medical surgeries because they want to see themselves as recognized citizens of the society. After proper and detailed examination of the article it can be observed that the Author has emphasized on the significance of gender recognition in the society and in the lives of transgender community. The article has effectively evaluated the prevailing health conditions of the transgender community. In this regard, the article analyzed various arguments and counter arguments regarding human rights against the refusal of legalization of gender recognition. It can be finally stated that the chosen article proved to be advantageous in serving the purpose of the research as the article contained various theoretical perspectives about the recognition of transgender communities and their rights. However, the article has not paid special attention to the need of sterilization.

The Authors explained the importance of gender determination in a contemporary society. Therefore, the article has rightly placed the concept of gender determination under different gender categories. The Authors intended to draw three case studies in order to indicate the factors which recognized as individual as a man and as a woman. However, the Authors have focused on the conduction of public debates in order to emphasize on the employment rights of transgender and introduce policies for determining the acceptability of the transgender in the world of competitive sports. The Authors made reference to the three case studies and thereby proposed measures for the elimination of the genital surgery requirement for the purpose of changing the sex marker option on the birth certificates. The Authors intended to determine gender discrimination and difference across social spaces. Therefore, the Authors examined that in reality gender-integrated spaces utilizes identity-based criteria however, gender-segregated spaces utilized the biology-based criteria. After evaluation of the article it can be emphasized that the Authors tried to explain the distinction between transgender policy issues and broad gender issues. Various terms like moral panic and sexual panic enumerated while conducting the research. As the article deals with the determination of transgender, their panic and their contribution in the society therefore it served as a relevant source for the research assignment.

Same-sex marriage legalization

The Author presented the view of the society towards the transgender communities. The Author emphasized that in modern environment, transgender communities face various uncertainties. In spite of several efforts on the part of the Government to introduce gender identity policies, they were not whole heartedly accepted by the society. The policies in some cases achieved success however they failed in some areas. According to the Author the policies of gender identity involved public opinion as they were developed within the framework of legislative processes. The Author presented a detailed research in which the attitude of the Americans towards the transgender communities has been reflected. In this regard, the prevailing rights regarding the transgender communities in USA have been examined. In the perspective of the Author that traditionally it has been difficult on the part of the government to incorporate gender identity in the prevailing non-discrimination policies. The Author examined that the transgender people were not recognized as a respectable individual of the society and were subjected to gender-based discriminations. After analyzing the source it can be observed that different municipal and state level efforts were conducted which proved to be successful in some parts however, the states failed to execute legislative policies relating to transgender rights. The different perspectives of public opinion and public policy in support of transgender non-discrimination policies were emphasized. In this regard, it can be noted that this article proved to be fruitful in proceeding with the present research topic as it helped to identify various legislative policies and different state laws which could protect the interests of the transgender communities.

In the perspective of the Author transgender communities face discrimination from different sections of the society to a large extent. It has been emphasized by the Author that such discrimination has affected the healthcare conditions of this group in medical sectors. However, according to the Author such discriminations enumerated as a result of disturbing experiences of the past. The Author examined the applicability of the National Transgender Discrimination Survey in evaluating the conditions of the transgender community. In this regard, after proper examination of the article it can be identified that from the very beginning the article proposed the foundation of an innovative categorized system to address the issues faced by the transgender people in the health sectors. Therefore, the relevant information depicted in the article served as a useful source of information in conducting the present research. It can be stated that by utilizing and implementing the ideas depicted in the article one can develop clear knowledge about the identification of gender-discrimination, transgender disclosure and their conditions in modern health sectors.

Gender legislation for transgender communities

The Author intended to put forward a new concept by highlighting the importance of justice which is linked to the identification of transgender community. The Author argued that in order to have clear understanding regarding the rights of transgender community, it is important on the part of the courts to have knowledge about the options available to the transgender people in the field of medical science. It is important to involve civil rights litigators for the purpose of determining the actual issues and experiences faced by the LGBTQ communities. According to the Author if an individual is unable to recognize the role played by gender identity and sex-determination then he shall continue to tear apart the dignity of the transgender people. Therefore, the court shall not be able to recognize the importance of gender identity in sex-determination and thereby appropriate justice cannot be provided under the provisions of law. This article was effective as it helped in understanding the matter that why the Courts could not provide appropriate justice to the transgender communities by safeguarding their interests and rights.

The Author intended was commissioned to examine the policies of non-discrimination for successful implementation of human resources. According to the Author, people are not aware of the existing programs and policies which prevent discrimination of transgender communities in workplace. After analyzing the source it was found that the policies of gender identity has been applied in different areas for the purpose of prohibiting discrimination against employees belonging to transgender communities. It can be observed that as a result of proper implementation of such policies, the rights of transgender communities have been safeguarded to some extent. The chosen article from the very beginning emphasized on non-discriminating policies related to transgender rights and therefore it can be regarded as an appropriate choice for the research topic.

Conclusion:

In the conclusion it can be stated that the abovementioned sources were convenient enough to serve the purpose of the research related to the importance of human rights. The eight references listed above equally contributed towards the successful completion of the assignment. It can be finally concluded that each article contained relevant information which contributed favorably in designing the structure of the research in a more accurate and specific way.

References:

Cruz, Taylor M, ‘Assessing access to care for transgender and gender nonconforming people: a consideration of diversity in combating discrimination’ (2014) 65-73 Social science & medicine, 110

Flores, Andrew R, ‘Attitudes toward transgender rights: Perceived knowledge and secondary interpersonal contact’ (2015) 398-416 Politics, Groups, and Identities, 3.3

Horton, Lisa, ‘Meeting the needs of lesbian, gay, bisexual, transsexual, queer, or questioning students through the school library collection’ (2016) 20 Teacher Librarian, 44.1

Levasseur, M ‘Gender identity defines sex: Updating the law to reflect modern medical science is key to transgender rights’ (2014) 943 Vt. L. Rev, 39

Navaratnam, Reannon, and Isabelle Lee, ‘Same sex marriage in Hong Kong: a right is more than a referendum’ (2015) 220-227 International Journal of Human Rights and Constitutional Studies, 3.3

Sellers, Mitchell Dylan, ‘Discrimination and the transgender population: Analysis of the functionality of local government policies that protect gender identity’ (2014) 70-86 Administration & Society, 46.1

Westbrook Laurel and Kristen Schilt, ‘Doing gender, determining gender: Transgender people, gender panics, and the maintenance of the sex/gender/sexuality system’ (2014) 32-57 Gender & Society, 28.1

Winter, Sam, ‘Identity recognition without the knife: Towards a gender recognition ordinance for Hong Kong's transsexual people’ (2014) 115 Hong Kong LJ, 44