Today, December 10, 2015, we celebrate Human Rights Day under the theme “Our Rights. Our Freedom. Always”. Human Rights Day commemorates the day on which, in 1948, the Universal Declaration of Human Rights, was adopted by the United Nations General Assembly.
Jamaica has since incorporated the principles set forth into Chapter III of our Constitution at the time, and now have adopted and amended the principles to make our own Charter of Fundamental Rights and Freedom. As set out in the Charter of Rights, all Jamaicans have several rights afforded to them by law.
However, the right to freedom in Section 2(i) which makes specific reference to the right to freedom from discrimination on the grounds of – (i) being male or female; (ii) race, place of origin, social class, colour, religion or political opinions does not adequately protect transgender persons from discrimination.
The Charter of Fundamental Rights and Freedom neglects to fully protect all Jamaicans regardless of gender identity or sexual orientation. This failure to protect all Jamaicans makes the following outlined in section 3 debatable with regards to their coverage and protection of transgender and gender non-conforming Jamaicans. Section 3 states – (a) the right to life, liberty and security of the person (c) the right to freedom of expression.
One cannot have the right to life, liberty, security or freedom of expression when the right of freedom from discrimination does not adequately cover transgender persons. Transgender rights are human rights. The amendment of the Charter of Fundamental Rights and Freedom to include the right to freedom from discrimination regardless of gender identity or sexual orientation would be a step in the right direction to securing the rights and freedom for transgender and gender non-conforming Jamaicans. Our rights, our freedom, matters.
The video below highlights the reality of the lives of transgender people across Asia-Pacific. It’s quite a similar reality that many transgender Jamaicans face. Our hopes for the future are the same. Have a watch.