As the pandemic carries on, the world is focused on protecting the lives of people facing the immediate threat of the virus and easing the pressure on global healthcare systems. One of the consequences of this intensified focus on the effects of the virus is that governments are further failing to recognise minority group rights. Discrimination is widespread, particularly towards members of the LGBTQ community.
Before the pandemic, there appeared to be a measure of increased recognition of LGBTQ rights globally, both in civil society with growing public support for equality as well as in governments with the legalisation of same sex marriage in many countries. Events like Pride, held annually to commemorate the Stonewall riots, are essential in broadcasting societal acceptance of LGBTQ rights.
However, the outbreak of the novel coronavirus has meant that many public gatherings usually associated with the event have been cancelled in the US. While the cancellation of Pride gatherings is a disappointment for the movement toward LGBTQ equality, both domestic and international law allow for the narrow curtailment of some freedoms--like that of expression and assembly--in the name of public health. Some states, however, have taken more problematic action in violation of LGBTQ rights, publicly justified by the need to respond to the COVID-19 crisis.
STATE-SPECIFIC POLICIES IN VIOLATION OF HUMAN RIGHTS
In order to control the pandemic, for example, Panama has introduced “gendered days”. This policy ensures that women and men have separate days in which they can leave their homes to buy necessities. The implementation of this has had devastating effects on transgender citizens, resulting in rampant abuse. For example, a woman called Monica was refused service in her local shop on one of the “women’s days,” and when she returned on the “men’s day” was degraded by a group of police officers who humiliated her by groping her and saying, “you are not a woman”.
Since the enforcement of gendered days in Panama, over 40 members of the LGBTQ community have reported degrading treatment in shops, demonstrating a clear infringement of The Universal Declaration of Human Rights article 7, protection from discrimination.
In Hungary, Prime Minister Viktor Orban uses the virus as a way to emphasise his discriminatory views. On 19 May 2020, Hungarian lawmakers voted to end legal gender recognition for transgender people under cover of the emergency powers introduced for the pandemic.
Article 33 of the omnibus bill clearly states that gender should be defined as “‘biological sex based on primary sex characteristics and chromosomes’ assigned at birth”. This law has nothing to do with the pandemic, as the effect relates only to gender identity and not to preventing the spread of disease. The aim of the Orban administration’s legislation is primarily to erase the transgender community in Hungary. This law also violates the Universal Declaration of Human Rights, article 7, as the pandemic is being abused as a tool to discriminate against transgender individuals.
THE EROSION OF IDENTITY WITHOUT RECOURSE
Furthermore, amongst the transgender community, there remains a prominent fear that if they were to catch the virus and die, they would not be buried as the gender that they identify with. Many transgender individuals do not have a gender recognition certificate and are therefore not identified legally as their preferred gender. This puts many in a difficult situation, because not only does the government not often recognise the identity of trans persons, but many family members of trans persons likewise do not accept the individual’s true identity.
Thus, these families may bury their trans-identifying family member as their birth-assigned gender. Such an action represents further violations of international human rights norms arising with greater frequency during the global health crisis, as these persons are denied acceptance under their true identity with no recourse.
The social isolation intertwined with the pandemic also means that transgender persons are often trapped at home with their families who may not accept them, leading to an increase in domestic violence. The LGBT Foundation has seen a dramatic increase of 30% in domestic violence calls to its helpline since the pandemic.
In addition to this, The LGBT Foundation reports that many transgender individuals have been denied access to their hormone injections, as health workers claim that this care is not essential. This is likely to have devastating effects on mental health. Many transgender individuals have reported that they are "de-transitioning" due to a lack of access to medical care that is essential for their well-being. Gender reassignment surgeries have also been delayed globally due to the pandemic.
Governments’ focus on protecting public health has meant that other important responsibilities such as protecting minorities have been neglected. During difficult times, the international community needs to come together to address the inherent social biases against LGBTQ persons that are aggravating the already-rampant health risks endemic during a global pandemic against this demographic.
Isobel is a First Year Law Student at the University of Leeds who is particularly interested in Human Rights Law and its development in today’s society.