Global Scenario

Lesbian, gay, bisexual, and transgender (LGBT) employees constitute a sizeable and dynamic workforce population, and leading companies recognize their contributions and insights. As evidenced by increases in domestic partner benefit offerings and non-discrimination policies for sexual orientation, gender identity, and gender expression LGBT issues are critical priorities in workplaces around the world. ( sama- add this wherever you feel like )

The UK presents a mixed scorecard when it comes to protecting sexual discrimination beyond the genderdefined minorities. The UK anti-discrimination (sexual orientation) regulations of 2007 could be seen as refreshing in their apparent simplicity and true egalitarianism. Terms like hetero and gay did not occur in the regulations themselves. Instead, discrimination was described in relation to a sexual orientation which someone is thought to have. That could in theory constitute a path -breaking way of rephrasing the whole problem: Do not use my sexuality in any way to discriminate against me. However, in official explanatory guidelines accompanying the regulations, a more traditional gender-focused approach was used. Even transsexualism was not included in the sexuality, and instead only considered in relation to gender discrimination: It does not include transsexuality which is related to gender and is covered in the employment context by sex discrimination legislation. Accordingly, since transsexual attraction is denied as an acceptable bas is for a discrimination complaint, one senses a more narrow conception of sexuality at work. Quite in line with this, the UK Equality Act of 2010 (which superseded the regulations of 2007) seems to reproduce a traditional genderbased focus: Sexual orientation means a persons sexual orientation towards (a) persons of the same sex, (b) persons of the opposite sex, or (c) persons of either sex. Still, the fact that heterosexuality is specifically mentioned at least offers some dynamism in that a heterosexual minority group like sadomasochists present in the U.K might plausibly claim protection. In many other countries, including Norway, one has to deny heterosexuality to be protected by the sexual anti-discrimination clauses of the penal code. Countries such as Belgium,Canada,France,Germany and Switzerland have more indeterminate definitions of sexual orientation or preference which might offer securityfor those individuals who see the gender variable as secondary to their sexual identity. On the west, Canada though refused to define sexual orientation and it might include sadomasochists as well. From 1985, France has used moeur or lifestyles in their legislation, way of life by Switzerland since 1999 in their new constitution and some German states s imply refer to the sexual identity category. According to the international experts of 2006 who adopted the Yogyakarta principles, Sexual orientation is understood to refer to each persons capacity for profound emotional, affectional and sexual attraction to, and intimate and sexual relations with, individuals of a different gender or the same gender or more than one gender. We see quite a positive attitude in a country like China, wherein they have openly including the Government has accepted the transgender community. Although gender reassignment is still considered a taboo there , and there strict restrictions on this particular aspect. According to the new guidelines, a person must apply with the police to change the gender on their official registration before undergoing gender reassignment surgery. A person must also live openly as the gender with which they identity for a number of years before the surgery. They cannot have a criminal record, must be over the age of twenty and unmarried, and must have gone through a considerable amount of therapy. The candidate also must tell their immediate family about their plans for surgery. For many, these guidelines have been made unattainable , and even for others for fit the guidelines , the surgery can be quite expensive. Saudi Arabia is a different thing altogether. Its a very strict and male dominated society which means muscularity is viewed better than feminist. This is the same in some countries but its very apparent in Saudi. Also, genders are usually separated at a young age and they go to different schools and this makes it worse as it makes being a trans worse. Sadly, hospitals in Saudi do not acknowledge hormones and SRS(sexual

reassignment surgery) as a valid treatment for transsexuals. They are under strict rules from the ministry of health to never do these kind of operations for them. For example, babies who are born intersexed are changed right there on the spot. The doctor looks at the most apparent sexual characteristics and simply chooses that one which is morally and ethically wrong. They choose the babys fate without taking into consideration the true gender or rather the way the baby feels once he/she is older. A report issued in January 2012 by the International Trade Union Confederation- Homosexuality is punishable by death or flogging. Reporting discrimination against lesbian, gay, bisexual or transgender workers to the authorities could threaten their lives. (International Trade Union Confederation (25 January 2012) Internationally Recognised Core Labour Standards in Saudi Arabia). Unlike in the US, there are no protections given to Transgender people in Africa. Homosexuality is still illegal in Uganda with a possible life sentence if convicted, as well as daily intimidation and torture. For transgender people, well, they are the ill defined population; not specifically legislated against they have no way to defend themselves either. They are often considered mentally ill or, worse, possessed. As a transgender person who is attracted physically and emotionally to other women, issues that African women and transgenders face are of particular concern to me. The one thing that all transgender people have in common is that we do not fit into traditional gender categories. In Uganda there is tremendous energy and anger on the part of activists. Many LGBTs are ready to rise up. For example, some transgender men are dressing up in drag and declaring that they have had enough. Another victory is the establishment of the first specifically Transgender organization on the continent: Gender DynamiX, located in Cape Town, South Africa. The secrecy and covert nature of the

work in Africa also makes them invisible to the larger gender and human rights sector, and to each other. There is almost no action in this area to protect people who do not fit into traditional gender categories. At the same time they are highly visible and therefore highly vulnerable to discrimination.

The president of Argentina, signed into law the countrys gender identity bill, establishing Argentina as the most trans-friendly legal environment in the entire world. Under the new law, Trans people will be able to change their legal gender and name without judicial permission or any requirement that they undergo surgeries. Further, once these changes are made, Trans people will have access to the countrys socialized medical system for all their transition-related care for free including any desired surgeries. Two of the most important facets of this law are the lack of judicial permission and surgical requirements. In parts of the U.S., for example, the requirement that Trans people get a court order to change their identity documents such as their birth certificate puts an unnecessary financial strain on the applicants and also opens them up to discrimination by the courts. ConclusionAs Secretary, I join with my colleagues at our embassies, consulates and USAID missions around the world in saying no matter where you are and no matter who you love, we stand with you. -- Secretary of State John Kerry The U.S. Department of State champions the protection of the human rights of lesbian, gay, bisexual and transgender (LGBT) individuals worldwide as an Obama Administration foreign policy priority. The Department launched the Global Equality Fund (GEF) in December 2011 to advance the human rights of LGBT persons worldwide. In partnership with a number of countries, corporations, and foundations, the GEF has funded emergency and long-term programs to protect the human rights of LGBT persons in over 25 countries. The Fund provides human rights defenders with legal representation, security, and, when necessary, relocation support. Since 2010, the Department has provided critical assistance to more than 70 LGBT defenders and advocates around the world. The Department provides travel information specific to LGBT persons on including information about attitudes, harassment, or arrests important for LGBT travellers. The Departments equal employment opportunity policy includes protections against discriminatory treatment of employees and job applicants based on sexual orientation and gender identity. The Department enables same-sex couples to obtain passports under the names recognized by their state through their marriages or civil unions. Also, more countries should support the UN Statement which calls on states to ensure that sexual orientation or gender identity may under no circumstances be the basis for criminal penalties. While work on LGB equality and T equality is often dealt with together due to the similar experiences of discrimination and prejudice LGB

and T people may face, the issues for the transgender community are often distinct and it is therefore right that we also focus on these separately where necessary.