Transgender Rights vs. Women’s Rights: From Conflicts to Co-Existence

＂Trans rights are human rights!＂ ＂Women’s rights are human rights!＂ Yes, but the human rights of two groups often conflict. The only way to resolve these conflicts is through calm, rational, public debate. Freedom of expression protects the right of women to question certain demands by trans rights activists, even if this might offend. Raising conflicts between transgender rights and women’s rights is not ＂transphobic＂, because disagreement is not hatred. The concept of ＂transphobia＂ should be defined narrowly as statements or acts indicating hostility or prejudice towards transgender persons. If the right to speak about conflicts is protected, and we start by acknowledging the broad areas of agreement about the human rights of transgender people, we can turn to the substance of these conflicts.

Should it be possible for an individual to change their legal sex? If so, how easy should it be? Should it be changeable only after a diagnosis of gender dysphoria and a waiting period? Or should it be sufficient to ＂self-identify＂ as a person of the opposite sex? Or should sex be removed from birth certificates, so that there is nothing to change?

Robert Wintemute carefully examines these conflicts, considers the differences between transgender rights and lesbian, gay and bisexual (LGB) rights, and proposes ways to achieve co-existence between transgender rights and women’s and children’s rights.

Robert Wintemute is Professor of Human Rights Law at KCL.