In a continuous effort by the transgender community in the city to stand on the ruling by the Hong Kong Court of Final Appeal on the 6th of February that cancelled the government policy prohibited transgenders from changing their gender marks on their identity card unless if they have gone through full sex reassignment surgery(SRS). Hong Kong's top court pronounced that the policy was in violation of the Hong Kong Bill of Rights and that the role imposes an unacceptable harsh burden on the individual concerned.
On Saturday, 13 transgender people made a combined effort to urge the Immigration Department and pursue their application approval to change the gender marker on their identity cards to their chosen gender identity without making full sex reassignment surgery (SRS).
A member of the transgender concern group Quarks, Christine Chu was talking in the vicinity of the Immigration Tower in Wanchai, saying their group would be added by a new 8 people that had applied to change their gender marks earlier in February and March. Chu said "But months later, those applications are still pending", reported to a news source in the City. Chu added that the application had not received word from the department aside from an acknowledgement.
Chu said further that "The Registration of Persons Office has been given ample time to update its policies. For it to continue to uphold a policy ruled as unconstitutional to this day, for it to continue to adhere to that policy for changing one’s gender marker, would mean that the Immigration Department is violating constitutional rights."
According to the present Immigration department’s website which states that people who have undergone sex reassignment surgery (SRS) psychotherapy and hormonal treatment, and have as well had a “real-life experience of the chosen gender role for some time” are eligible to apply with supporting documents to change their gender marker.
The court's February judgement read that "A complete SRS procedure for trans men includes the removal of the uterus and ovaries, and the construction of a penis or “some form of a penis.” A sex change from male to female would include the “removal of the penis and testes”, and the “construction of a vagina”.
The court ruled that the procedure was “at the invasive end of the treatment spectrum for gender dysphoria” and “not medically required by many transgender persons.”
香港跨性別團體對終審裁決後身份證政策更新表示擔憂
香港跨性別者社群持續努力,抗議香港終審法院2月6日取消政府禁止跨性別者更改身份證性別標記的政策,除非他們已經離開 通過完全變性手術(SRS)。 香港最高法院裁定,該政策違反了香港人權法案,並且這一角色給有關個人帶來了不可接受的嚴厲負擔。
週六,13名跨性別者共同努力敦促移民局並尋求批准他們的申請,將身份證上的性別標記更改為他們選擇的性別身份,而無需進行全面的變性手術(SRS)。
跨性別關注組織 Quarks 的成員 Christine Chu 在灣仔入境事務大樓附近發表講話,表示該組織將新增 8 名成員,這些人於 2 月和 3 月早些時候申請改變性別標記。 朱說: “但幾個月後,據該市的新聞來源報導,這些申請仍然懸而未決。朱補充說,除了確認之外,該申請還沒有收到該部門的任何消息。”
朱進一步說, “人事登記辦公室有足夠的時間更新其政策。為了讓它繼續堅持迄今為止被裁定違憲的政策,為了讓它繼續堅持改變性別標記的政策, 這意味著移民部正在侵犯憲法權利。”
根據目前移民局的網站,接受過變性手術(SRS)心理治療和激素治療,並且“在現實生活中對所選性別角色有一段時間的體驗”的人有資格申請 改變性別標記的支持文件。
法院二月份的判決書寫道: “針對跨性別男性的完整 SRS 手術包括切除子宮和卵巢,以及建造陰莖或“某種形式的陰莖”。 從男性到女性的性別改變將包括“切除陰莖和睾丸”以及“建造陰道”。
法院裁定,該程序“屬於性別不安治療範圍的侵入性治療”,並且“對於許多跨性別者來說不是醫學上所需要的”。
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