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Malaysian Court Rejects Transexual’s Gender Change Request

Malaysian Court Rejects Transexual’s Gender Change Request

 

A Malaysian court on Monday rejected a trans woman’s application to have her gender change formally recognized by a change to her birth certificate.

Aleesha Farhana Abdul Aziz, birth assigned male and previously known as†Mohamad Ashraf Hafiz Abdul Aziz, †underwent gender change surgery in Thailand in 2008.

She†applied to the†High Court of Kuala Terengganu to have her gender change formally recognized and her birth certificate duly amended. The Malaysian court reportedly rejected the application on three grounds: Aleesha’s chromosome count, the appearance of her genitals at birth and a lack of female internal sex organs.

From AFP:

A high court in conservative eastern Terengganu state ruled that a person’s sex was determined at birth so Ashraf Hafiz Abdul Aziz, who was born a man, could not change the name on her identity card, her lawyer said.

“I fear for her… the difficulties she is going to face daily,” lawyer Horley Isaacs told AFP. “What is this person going to do now? Can she go to a man’s toilet?”

More from M & C:

‘The court has no authority to make any declaration regarding gender change,’ the judge said. ‘There is no legal provision in this country that allows such an application.’

Transsexuals have long faced legal limbo in the predominantly Muslim country, where sex-change surgery is banned and same-sex relationships are criminal. Muslim transsexuals also may be hauled before religious authorities and not just the police.

According to Aleesha’s lawyer only two people have filed for a gender change prior to Aleesha’s court plea. Of them, only the 2003 application in the case of J.G v. Pengarah Jabatan Pendaftaran Negara was successful.

The three criteria cited above, †chromosomal factors, gonadal factors and internal sex organ factors, †also featured in the two previous cases. They are based on the British suit†Corbett v. Corbette. A fourth criteria, psychological factors, is given less weight by the Corbett v. Corbette standard but was considered in the†J.G v. Pengarah Jabatan Pendaftaran Negara case.

For more information on the history of legal recognition for trans people in Malaysia, please click here.

Related Reading:

ACLU Sues Alaska Over Trans Driverís License Case

U.N. Approves Resolution Against Anti-LGBT Discrimination

Transexual Woman Takes Marriage Fight to European Court of Human Rights

 

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Photo used under the Creative Commons Attribution License, with thanks to brainchildvn.

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17 comments

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4:33AM PDT on Aug 10, 2011

Why must people steeped in the Dark Ages' beliefs STILL insist on running the lives of others- how people have to live their lives because of an accident of Natureis no-one's business but that of the person concerned, and a belief that condemns the lives of others to a living Hell is WRONG- pure and simple.

2:51PM PDT on Jul 26, 2011

I'm sorry for them, but I really don't comprehend the problem. I just don't understand why
anybody would do that.

10:19PM PDT on Jul 22, 2011

thanks for sharing.

7:20PM PDT on Jul 20, 2011

Barbara C, if you have never loved someone living in the wrong body or been someone trapped there, you have no idea what reality is or what love, misery, terror of being killed are.

If you claim to be a Christian you need to re read the Christian testaments. "Judge not that ye be judged" is how the KJV Mark Chapter 7 verse 1 puts it. Verse 2 says, "For with what judgment ye judge, ye shall be judged: and with what measure ye mete, it shall be measured to you again."

I guess a "Bible is the literal word of God" person would say that means YOU are the sick one.

Your friendly neighborhood Pagan

7:12PM PDT on Jul 20, 2011

The PM and the Deputy PM recently added that the Courts in Malaysia are free and independent from interference. What is funny is that the PM is speaking in front of the Pope because Malaysia is nomalizing relations with the Vatican. I did not read this in the Malaysian papers today but I read this on Care2.com blog. I must be wondering whether what is independent and what is free. Apparently everything is bollocks!

6:26PM PDT on Jul 20, 2011

Gee and they aren't even part of Alaska or Illinois! http://www.care2.com/causes/aclu-sues-alaska-over-trans-womans-drivers-license.html

5:52PM PDT on Jul 20, 2011

Ah, Barbara C, if you only knew the agonies some people go through - body one gender, mind another. Anything that can bring a bit of peace to such a tortured soul is good. And most gender reassignment surgeons are caring people. We need loving caring people to balance the horrible ignorance and prejudice out there.

4:56PM PDT on Jul 20, 2011

Someone changing the gender on thier ID is ok because that is a record of thier identity now, but the birth certificate is a defininate no because it is simply dishonest a birth certificate is a record of their identity when they were BORN that is why it is called a BIRTH certificate. I'm pretty sure this person doesn't still weigh about seven pounds

4:54PM PDT on Jul 20, 2011

Someone changing the gender on thier ID is ok because that is a record of thier identity now, but the birth certificate is a defininate no because it is simply dishonest a birth certificate is a record of their identity when they were BORN that is why it is called a BIRTH certificate. I'm pretty sure this person doesn't still weigh about seven pounds

4:37PM PDT on Jul 20, 2011

is there a petition to help Aleesha and others?

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