A step in the right direction

THE EDITOR Sir:

November 16 was celebrated as International Day of Tolerance. As defined by UNESCO, tolerance is the respect, acceptance, and appreciation of the rich diversity of our world's cultures, forms of expression and ways of being human. For members of the trans community, this means having their gender identities respected and accepted.

Across the Caribbean, trans people continue to face stigma and discrimination because of their lived or perceived gender identities. This is evident in the circumstances which led to the recently decided case of McEwan and others v The Attorney General Guyana where four trans women were arrested and charged in 2009 for wearing women's clothing for an 'improper purpose'. The courts declared that this was unconstitutional. The panel, comprising of the Honourable President Justice Adrian Saunders and Justices Wit, Anderson, Rajnauth-Lee, and Barrow, agreed that this law was from a different time and no longer served any legitimate purpose in Guyana.

Saunders stated that: "By choosing to dress in clothing and accessories traditionally associated with women, they are in effect expressing their identification with the female gender. And the expression of a person's gender identity forms a fundamental part of their right to dignity. Recognition of this gender identity must be given constitutional protection."

While the McEwan case has no effect on the legislative framework of Jamaica, it sets the stage for a conversation on our own experiences and highlights the need for legal gender recognition. It also speaks to the change of times and the recognition that society and its peoples are evolving, and thus, so must our laws.

TransWave Jamaica is committed to working with policymakers to advance trans rights in Jamaica. We seek to ensure that all trans and gender nonconforming people have the opportunity to thrive. Difference need not divide us, instead, we should celebrate diversity.

Renae Green

Associate Director

TransWave Jamaica