Jul 172012
Le Code de procédure pénale, pendant une manifestation anti-discrimination des trans

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Transphobia comes to be added to the penal Code by the senators who voted for the new law against sexual harassment. Our contributor Arnaud Alessandrin, doctoral student in sociology, to nevertheless go further and give trans-the right to be recognized according to the sex they want.

The new law on sexual harassment, passed by the Senate, penalizes acts of discrimination against transgender and transsexual people for the first time.

Undeniably, this is a step forward. So far, trans people were not protected by the Act. Article 225-1 of the penal code, which sets the framework for discrimination, did not recognize discrimination based on gender identity. This is not lack of trying. In the 1980s, it is Senator Henri Cavaillet, who had been a precursor in this field.

so, 30 years of struggle for visibility, for the recognition of transphobia that is an element of vulnerability in the course of transition. But who will be 'recognized' as trans? The terms of the draft law ('sexual identity') suggest a blur that will query.

Why, simply do not have resumed the terms proposed by Europe which, for a few years already, encourages the Member States to penalize the transphobia? So, why not talk about gender identity. "Shemale", "sexual identity"... If it is a step forward, it regretted the representations that the selected grammar continues to convey. No, the question is not the Sexualities archipelago!

There are the figures: according to the survey conducted by the Institute for the equality of women and men in Belgium, only 59% of the surveyed trans people have a job (according to the same survey, trans people are more educated than the average Belgian national, with 24% of university graduates compared with 12% for the overall population).

Found these same unemployment figures in the investigation of Stephen Whittle indicating an unemployment rate of 39% for the Male to Female and 35% for the Female to Male. At work and within the family, trans discrimination stories reveal the presence of many reservations. Concerning family relationships, the HES and survey the MAG for young trans shows that 22% of them have problems with their loved ones and 15% of them have experienced problems in their studies because of their question.

Even if it is necessary to distinguish the stigma of discrimination, it remains to suggest that the political agenda of the trans issue development will contribute to the de-stigmatization of representations.

But we must go further. Today, when a person wishes to obtain a correction of a reference to the sex on her marital status, it replies it the sterilization requirement! The degenitalisation of civil sex must be put at the front of the political agenda, even if it is for many a Copernican revolution of the representations on sex, gender, on the body which still cannot freely dispose the trans, and on the parent also.

Finally, more than of questioning transphobia, if we look really on the privilege of "the rest of the world", which does not sex or gender, called the "cisidentite" (the reverse of the 'question') and, in being conceived as neutral or normal indicating necessarily as pathological trans. To each his gender identity, without hierarchies!

Arnaud Alessandrin