Human Rights Report: Evaluating the W v. Registrar of Marriages Case

This report evaluates the decision of the Court of Final Appeal of Hong Kong in the case of W v. The Registrar of Marriages, focusing on human rights and transgender rights. It examines various scholarly articles and journals to analyze the arguments presented by different authors regarding the rights of transgender individuals. The research assesses the constitutional validity of the court's decision and explores how relevant sources contribute to understanding the legal implications of the case. The report discusses the distinction between sexual and gender identity, the challenges faced by transgender individuals, and the importance of gender recognition legislation. It also analyzes the societal attitudes towards transgender communities, the application of non-discrimination policies, and access to healthcare for transgender and gender nonconforming people. The report concludes by highlighting the importance of justice and the need for courts to understand the medical science related to gender identity to provide appropriate justice.

Running head: HUMAN RIGHTS
Human Rights
Name of the Student
Name of the University
Author Note

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Introduction:
The intention of the report is to evaluate the decision given by the Court of Final Appeal
of Hong Kong in the landmark case W v. The Registrar of Marriages. In this regard, the
research intended to make reference to various journals and scholarly articles in order to evaluate
the decision of the present case study. The research highlighted various arguments made by
different authors regarding the rights of transgender. The research is commissioned to examine
the how the relevant sources and the views of different authors would be beneficial in
understanding the constitutional validity of the decision given in W v. The Registrar of
Marriages.
Discussion:
1. Horton, Lisa, ‘Meeting the needs of lesbian, gay, bisexual, transsexual, queer, or
questioning students through the school library collection’ (2016) 20 Teacher
Librarian, 44.1
The Authors intended to highlight the importance of gender identity in modern era. In
this regard, the Author rightly stated that there is a major distinction between sexual identity and
gender identity. However, the author has not intended to distinguish between the two concepts
rather she focused on the underlying issues faced by the LGBTQ community. According to the
perspective of the Author, a person possessing thoughts of same-sex is considered as a gay or
lesbian however, persons who are unable to identify their gender assigned to them during birth
are identified as transgender. In the opinion of the Author, being a transgender is the most
challenging experience and therefore children being identified at an early age are being bullied at
educational institutions. By analyzing the source it can be stated that various library resources

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shall provide appropriate knowledge and understanding with the help of which transgender can
identify themselves which can eliminate their feeling of loneliness and despair. Therefore, it is
important on the part of librarians to provide these children with appropriate solution and
literature in order to improve their condition. The article discussed about the identification of
transgender and the issues faced by them in the society and thereby provided appropriate
literatures to deal with such issues. In this regard, the article proved to be convenient for
conducting the research.
2. Navaratnam, Reannon, and Isabelle Lee, ‘Same sex marriage in Hong Kong: a right
is more than a referendum’ (2015) 220-227 International Journal of Human Rights
and Constitutional Studies, 3.3
The Authors emphasized of the legalization of same-sex marriage. In this regard, the
Authors have made reference to the contemporary scenario in Hong Kong regarding the
legalization of same sex marriage which is a topic of global controversy. In the perspectives of
the Authors, in spite of various newly introduced laws and regulations in Hong Kong, no legal
recognition has been given till date towards the identification of transgender and the union of
same-sex couples. Since time immemorial, much emphasis has been laid on the importance of
same-sex marriage which is a major concern for human rights associations. After proper
evaluation, it is noteworthy to mention here that the article efficiently determined the present
condition of Hong Kong and its approach towards the legalization of same-sex marriage. The
purpose of the article was to evaluate the principles of human rights which can be rightly applied
to the controversy of same-sex marriage. However, the counter-arguments that have been
presented by other scholars for the purpose of objecting same-sex marriage has been taken into
account by applying different perspectives of human rights. In this regard, it is worth noting that

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the article was proved to be beneficial as it provided valuable information regarding the topic of
research. The article was appropriate as it contained relevant information about the present
subject of research.
3. Winter, Sam, ‘Identity recognition without the knife: Towards a gender recognition
ordinance for Hong Kong's transsexual people’ (2014) 115 Hong Kong LJ, 44
The Author intended to highlight the facts regarding the recognition of gender legislation
for transgender communities in Hong Kong. However, that the nature of such legislation is both
extensive and far reaching. The Author examined that both surgical and hormonal treatments are
not medically required by the transgender community. However, they undergo various medical
treatments in order to become an integral part of the society. In the opinion of the Author, the
transgender are less concerned about their anatomy, they opt for medical surgeries because they
want to see themselves as recognized citizens of the society. After proper and detailed
examination of the article it can be observed that the Author has emphasized on the significance
of gender recognition in the society and in the lives of transgender community. The article has
effectively evaluated the prevailing health conditions of the transgender community. In this
regard, the article analyzed various arguments and counter arguments regarding human rights
against the refusal of legalization of gender recognition. It can be finally stated that the chosen
article proved to be advantageous in serving the purpose of the research as the article contained
various theoretical perspectives about the recognition of transgender communities and their
rights. However, the article has not paid special attention to the need of sterilization.

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4. Westbrook Laurel and Kristen Schilt, ‘Doing gender, determining gender:
Transgender people, gender panics, and the maintenance of the sex/gender/sexuality
system’ (2014) 32-57 Gender & Society, 28.1
The Authors explained the importance of gender determination in a contemporary
society. Therefore, the article has rightly placed the concept of gender determination under
different gender categories. The Authors intended to draw three case studies in order to indicate
the factors which recognized as individual as a man and as a woman. However, the Authors have
focused on the conduction of public debates in order to emphasize on the employment rights of
transgender and introduce policies for determining the acceptability of the transgender in the
world of competitive sports. The Authors made reference to the three case studies and thereby
proposed measures for the elimination of the genital surgery requirement for the purpose of
changing the sex marker option on the birth certificates. The Authors intended to determine
gender discrimination and difference across social spaces. Therefore, the Authors examined that
in reality gender-integrated spaces utilizes identity-based criteria however, gender-segregated
spaces utilized the biology-based criteria. After evaluation of the article it can be emphasized
that the Authors tried to explain the distinction between transgender policy issues and broad
gender issues. Various terms like moral panic and sexual panic enumerated while conducting the
research. As the article deals with the determination of transgender, their panic and their
contribution in the society therefore it served as a relevant source for the research assignment.
5. Flores, Andrew R, ‘Attitudes toward transgender rights: Perceived knowledge and
secondary interpersonal contact’ (2015) 398-416 Politics, Groups, and Identities, 3.3

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The Author presented the view of the society towards the transgender communities. The
Author emphasized that in modern environment, transgender communities face various
uncertainties. In spite of several efforts on the part of the Government to introduce gender
identity policies, they were not whole heartedly accepted by the society. The policies in some
cases achieved success however they failed in some areas. According to the Author the policies
of gender identity involved public opinion as they were developed within the framework of
legislative processes. The Author presented a detailed research in which the attitude of the
Americans towards the transgender communities has been reflected. In this regard, the prevailing
rights regarding the transgender communities in USA have been examined. In the perspective of
the Author that traditionally it has been difficult on the part of the government to incorporate
gender identity in the prevailing non-discrimination policies. The Author examined that the
transgender people were not recognized as a respectable individual of the society and were
subjected to gender-based discriminations. After analyzing the source it can be observed that
different municipal and state level efforts were conducted which proved to be successful in some
parts however, the states failed to execute legislative policies relating to transgender rights. The
different perspectives of public opinion and public policy in support of transgender non-
discrimination policies were emphasized. In this regard, it can be noted that this article proved to
be fruitful in proceeding with the present research topic as it helped to identify various legislative
policies and different state laws which could protect the interests of the transgender
communities.
6. Cruz, Taylor M, ‘Assessing access to care for transgender and gender
nonconforming people: a consideration of diversity in combating
discrimination’ (2014) 65-73 Social science & medicine, 110

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In the perspective of the Author transgender communities face discrimination from
different sections of the society to a large extent. It has been emphasized by the Author that such
discrimination has affected the healthcare conditions of this group in medical sectors. However,
according to the Author such discriminations enumerated as a result of disturbing experiences of
the past. The Author examined the applicability of the National Transgender Discrimination
Survey in evaluating the conditions of the transgender community. In this regard, after proper
examination of the article it can be identified that from the very beginning the article proposed
the foundation of an innovative categorized system to address the issues faced by the transgender
people in the health sectors. Therefore, the relevant information depicted in the article served as
a useful source of information in conducting the present research. It can be stated that by
utilizing and implementing the ideas depicted in the article one can develop clear knowledge
about the identification of gender-discrimination, transgender disclosure and their conditions in
modern health sectors.
7. Levasseur, M ‘Gender identity defines sex: Updating the law to reflect modern
medical science is key to transgender rights’ (2014) 943 Vt. L. Rev, 39
The Author intended to put forward a new concept by highlighting the importance of
justice which is linked to the identification of transgender community. The Author argued that in
order to have clear understanding regarding the rights of transgender community, it is important
on the part of the courts to have knowledge about the options available to the transgender people
in the field of medical science. It is important to involve civil rights litigators for the purpose of
determining the actual issues and experiences faced by the LGBTQ communities. According to
the Author if an individual is unable to recognize the role played by gender identity and sex-
determination then he shall continue to tear apart the dignity of the transgender people.

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Therefore, the court shall not be able to recognize the importance of gender identity in sex-
determination and thereby appropriate justice cannot be provided under the provisions of law.
This article was effective as it helped in understanding the matter that why the Courts could not
provide appropriate justice to the transgender communities by safeguarding their interests and
rights.
8. Sellers, Mitchell Dylan, ‘Discrimination and the transgender population: Analysis of
the functionality of local government policies that protect gender identity’ (2014) 70-
86 Administration & Society, 46.1
The Author intended was commissioned to examine the policies of non-discrimination
for successful implementation of human resources. According to the Author, people are not
aware of the existing programs and policies which prevent discrimination of transgender
communities in workplace. After analyzing the source it was found that the policies of gender
identity has been applied in different areas for the purpose of prohibiting discrimination against
employees belonging to transgender communities. It can be observed that as a result of proper
implementation of such policies, the rights of transgender communities have been safeguarded to
some extent. The chosen article from the very beginning emphasized on non-discriminating
policies related to transgender rights and therefore it can be regarded as an appropriate choice for
the research topic.
Conclusion:
In the conclusion it can be stated that the abovementioned sources were convenient
enough to serve the purpose of the research related to the importance of human rights. The eight
references listed above equally contributed towards the successful completion of the assignment.

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It can be finally concluded that each article contained relevant information which contributed
favorably in designing the structure of the research in a more accurate and specific way.
Word Count: 2000.
References:
Cruz, Taylor M, ‘Assessing access to care for transgender and gender nonconforming people: a
consideration of diversity in combating discrimination’ (2014) 65-73 Social science &
medicine, 110
Flores, Andrew R, ‘Attitudes toward transgender rights: Perceived knowledge and secondary
interpersonal contact’ (2015) 398-416 Politics, Groups, and Identities, 3.3
Horton, Lisa, ‘Meeting the needs of lesbian, gay, bisexual, transsexual, queer, or questioning
students through the school library collection’ (2016) 20 Teacher Librarian, 44.1
Levasseur, M ‘Gender identity defines sex: Updating the law to reflect modern medical science
is key to transgender rights’ (2014) 943 Vt. L. Rev, 39
Navaratnam, Reannon, and Isabelle Lee, ‘Same sex marriage in Hong Kong: a right is more than
a referendum’ (2015) 220-227 International Journal of Human Rights and Constitutional
Studies, 3.3
Sellers, Mitchell Dylan, ‘Discrimination and the transgender population: Analysis of the
functionality of local government policies that protect gender identity’ (2014) 70-86
Administration & Society, 46.1

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Westbrook Laurel and Kristen Schilt, ‘Doing gender, determining gender: Transgender people,
gender panics, and the maintenance of the sex/gender/sexuality system’ (2014) 32-57 Gender &
Society, 28.1
Winter, Sam, ‘Identity recognition without the knife: Towards a gender recognition ordinance for
Hong Kong's transsexual people’ (2014) 115 Hong Kong LJ, 44