Transgender Rights

Abstract

In this entry, I discuss the moral rights of transgender persons – that is, of those persons who do not identify with the gender assigned to them at birth, or who otherwise cross conventional gender boundaries. So‐called “transgender rights” are not applicable only to transgender persons. They are conceived of as human rights. The reason they can be called “transgender rights” is because a historical movement – the transgender movement – has campaigned for them over the past few decades, giving them a distinct, hitherto neglected, place within rights theory and law. I analyze a selection of human rights documents to determine the content of transgender rights. Principal among these are what I call the “core gender rights”: the right to self‐defined gender identity, and the right to gender expression. I present some ethical justifications for the right to respect for self‐defined gender identity. Next, I discuss the ethical justification of the right to gender expression, and consider specific gender expressions, such as the right to access gendered spaces and the right to the modification of one's sex characteristics. I conclude with some remarks concerning the goals of transgender rights discourse.