


































4 Transgender Rights


Global Partners in Education Journal – Special Edition  March 2022, Vol. 10, No. 1 
http://www.gpejournal.org   ISSN 2163-758X 
 
 

23 
 

Rights of Transgender: National and International Legal Protection 

Fatima Idrees, Saadia Salman, Zainab Iqbal, Dr. Nadia Khadam 

Fatima Jinnah Women University, Rawalpindi, Pakistan 

Abstract 

This study focuses on the rights of transgender persons, who are a vulnerable human 
group facing a lot of challenges. Transgender persons are humans whose gender 
identity is not in alignment with birth sex. International Human Rights treaties do not 
specifically protect gender non-conforming people, but general treaties for the 
protection of Human Rights are interpreted to include transgender persons. 
International Human Rights Law aims at making states conscious of universal Human 
Rights and binding states to address such rights in their domestic legal frameworks. 
For this purpose, this study analyses the legal protections available to transgender 
persons in the United States of America (USA), the United Kingdom (UK), and 
Pakistan. The USA has no specific legislation yet at the federal level, but multiple case 
laws extend the general protection of fundamental rights to transgender persons. The 
UK has protected the rights of transgender persons actively by legislating on the 
matter. Pakistan is the first and only Muslim State which enacted the law to specifically 
protect the transgender community. This study further analyses Islamic law and its 
implication in the Muslim States concerning the rights of transgender persons. In 
Islamic law, there is no specific evidence against the rights of transgender persons. In 
the Muslim States, there has been a conservative approach of societies and 
governments towards transgender persons, which is by no means justified leading to 
years of misfortune for transgender persons. This study finds that, although 
constitutions of many jurisdictions guarantee equal protection to all citizens, laws are 
still not adequate for the protection of the rights of transgender persons because the 
vulnerable groups of society need additional and specific legal protections. 

Introduction 

Transgender persons are a vulnerable human group whose position in society needs 
strong consideration. After birth, a human psychologically tends to identify his/her 
gender, it may or may not align with the birth sex. Gender identification is influenced 
by multiple factors; prenatal gonadal hormonal exposure and cognitive development 
etc.  (Roselli, 2018). Transgender is an umbrella term and can be defined as to include 
persons who have gender identity not aligning with birth sex: sexually female with the 
gender identity of male or vice versa (Tauches, 2021). Due to such deviation from 
prevailing gender sex alignment, resulting in social non-acceptance and 
marginalization, transgender persons have to face discrimination and struggle for 
fundamental rights globally. 

The following research work will first address certain misconceptions towards 
transgender persons and the challenges they have been facing in general. It will then 
highlight the legal protections available for the rights of transgender persons 
internationally as well as in the national legal systems of the USA, the UK, and 



Global Partners in Education Journal – Special Edition  March 2022, Vol. 10, No. 1 
http://www.gpejournal.org   ISSN 2163-758X 
 
 

24 
 

Pakistan. Moreover, it will highlight the Islamic perspective on the rights of transgender 
persons. The research will lead to critically analyzing the adequacy of laws in this 
respect, pointing out gray areas in law and thereby, making recommendations for the 
better protection of the rights of transgender persons globally. 

Who are Transgender Persons? 

Before analyzing the position of transgender persons in the contemporary world, at 
first, we need to understand who they are. Multiple factually wrong perceptions prevail 
in the mindset of common people. People mistakenly use the terms gender and sex 
interchangeably without realizing the difference between them. Sex is determined by 
the biology of a person and refers to differences in the function and structure of the 
reproductive organs and consequential physiological differences based on which 
humans are distinguished as female or male. In contrast, gender refers to the 
behavioral or psychological traits culturally assigned to each sex (Walker, 1998). 
Transgender persons deviate from prevailing gender stereotypes for their sex. 
Furthermore, people associate transgender persons with sexual orientation due to the 
commonly used acronym LGBT. In LGBT, L stands for lesbian, G for gay, B for 
bisexuals, and T for transgender. LGB people are distinguished by sexual orientation 
which describes a person's romantic and sexual attraction towards another person, 
while T people essentially are distinguished by gender identity which is a person’s 
perception about his/her gender.  

Another misunderstanding about transgender people is that they deviate from their 
gender expression. Gender expression is an outward character implying one’s physical 
expression of one’s gender, that is by way of dressing, talking, and walking etc., which 
is not inherent to one’s gender identity that is an inner character relevant to the 
psychology of a person. Thus, one person may perceive him/herself as a female and 
express as a male and vice versa, and the same goes with transgender persons 
(Ginsley, 2017). These misconceptions have implications on the treatment of 
transgender persons specifically in Muslim countries. In the majority of Muslim 
countries, due to religious constraints, people reject the concept of sexual orientation 
and gender expression not aligning with birth sex. Being unable to differentiate sexual 
orientation from gender identity and thereby T from LGB, Muslim states prosecute 
transgender under anti-gay laws and anti-cross-dressing laws (Watch, Human Rights 
Watch Country Profiles: Sexual Orientation and Gender Identity, 2021). 



Global Partners in Education Journal – Special Edition  March 2022, Vol. 10, No. 1 
http://www.gpejournal.org   ISSN 2163-758X 
 
 

25 
 

 
Challenges Faced by Transgender Persons 

Transgender persons, unfortunately, have to face a lot of challenges that are a barrier 
to the full realization of their potentials. Discrimination faced by transgender people 
makes them socially, economically, and culturally marginalized globally. The 
discrimination starts from their birth; they are mostly disowned by their families and 
forced to live in separate small communities, especially in developing countries like 
Pakistan, India, and Bangladesh, etc. Due to discrimination in educational institutions 
and job market, transgender persons are suffering from high rates of poverty. 
Discrimination makes transgender persons face economic and financial pressures, 
hence they are forced to get involved in begging, crimes, and sex work for their living. 
Transgender persons are more susceptible to health disorders like HIV due to 
involvement in sex work and poor health facilities. For transition-related needs, there 
is a lack of tailored medical assistance. Moreover, para-medical staff and health 
professionals are not trained enough and lack awareness regarding transgender terms 
to deal with them properly (Gupta, 2016). 

There is an all-time high rate of physical violence against transgender people 
especially those who are involved in sex work and informal ways of earning a 
livelihood. Brutal murders of transgender persons are recorded frequently that are not 
redressed by law-enforcing agencies. Due to a lack of trust in authorities, there is very 
little formal reporting of violence against transgender persons (Divan, 2016). Due to 
non-acceptance, there is very little participation of transgender persons in the state 
decision-making. Suffering leads them to depression and thereby a high suicidal rate 
among transgender persons is recorded. Despite the extensive legal needs of 
transgender people, their civil rights are not significantly recognized and duly respected 
to cope up with the challenges they face (Khan, 2020).  



Global Partners in Education Journal – Special Edition  March 2022, Vol. 10, No. 1 
http://www.gpejournal.org   ISSN 2163-758X 
 
 

26 
 

 
International Legal Protection 

International Human Rights Law does not specifically protect transgender people, even 
though general treaties are interpreted as extending protection to them. The Universal 
Declaration of Human Rights (UDHR) in its Article 2 maintains that everyone is entitled 
without any discrimination to all the rights and freedoms upheld under this declaration 
(Nations, 1948). This implies that the rights under UDHR extend to transgender 
individuals on an equal and non-discriminatory basis. Similarly, International Covenant 
on Civil and Political Rights in its article 9 provides for the right to liberty and security 
for everyone, and its Article 26 guarantees equality before the law without 
discrimination for everyone (Nations, International Covenant on Civil and Political 
Rights, 1966). Moreover, International Covenant on Economic, Social and Civil Rights 
in its Article 12 protects the human right to health and is interpreted to include 
transgender persons requiring positive state protections in this regard (Nations, 
International Covenant on Economic, Social and Cultural Rights, 1966). In 2007, 
Yogyakarta Principles on the application of international Human Rights Law set up 
guidelines to instruct state actors to protect LGBT people against violence, abuse, and 
discrimination (Jurists, 2007). Afterward, in June 2008, United Nations (UN) adopted a 
Resolution on Human Rights, Sexual Orientation and Gender Identity addressing rights 
of transgender persons specifically for the first time. Since then, there have been 
multiple resolutions passed by the UN that recognize the rights of transgender persons 
and direct member states to take positive steps for transgender protection especially 
against torture (Watch, UN Makes History on Sexual Orientation, Gender Identity, 
2016). 

National Legal Protection  

Legal Protection for Transgender Persons in the USA 



Global Partners in Education Journal – Special Edition  March 2022, Vol. 10, No. 1 
http://www.gpejournal.org   ISSN 2163-758X 
 
 

27 
 

The status of the transgender community in the USA has been evolving for a long time. 
The Constitution of the USA does not explicitly refer to transgender people. The 14th 
Amendment’s Equal Protection Clause refrains states from denying any person equal 
protection of the laws which applies to transgender persons as well. In 1975, 
Minneapolis City for the first time in the USA passed legislation to protect the civil rights 
of transgender people (Margolin, 2016). There is no explicit legislation at the national 
level for transgender person’s rights in the USA yet, but many judgments from courts 
have tried to protect the rights of transgender persons in the USA. In the case of Darnell 
v. Lloyd, the court found that there is no valid justification in denying a change in sex 
from that which is on the birth certificate (Darnell v. Lloyd, 1975). In Obergefell v. 
Hodges, Supreme Court upheld that the Constitution’s 14th Amendment guarantees 
all people, particularly same-sex couples and transgender persons, the fundamental 
right to marry (Obergefell v. Hodges, 2015). 

At the onset of the 21st century, many groups started emerging like the Transgender 
Law Center and the National Center for Transgender Equality for the rights of 
transgender persons. Resultantly, in 2008, the Subcommittee on Health, Employment, 
Labor, and Pensions of Congress opened a discussion on discrimination against 
transgender persons. Under the Obama administration, interpretations of the federal 
government’s major pieces of legislation such as Title VII (employment), Title IX 
(education), and the Affordable Care Act were made to extend their protection to 
transgender people. Affordable Care Act, 2010 has been redefined to include gender 
identity along with sex to strictly prohibit gender-based discrimination in the domain of 
healthcare (Rhodan, 2016). In Congress, a bipartisan group has introduced the 
Equality Act which is been passed by the House of Representatives and is pending in 
the Committee on the Judiciary in the Senate. This bill specifically prohibits the denial 
of access to public places and places of common use, such as restrooms or dressing 
rooms, according to the gender identity of a person. It aims to explicitly and strongly 
extend civil rights protections to LGBTQ people nationwide (Morshedi, 2019). This Act 
is expected to improve the situation of transgender persons’ rights in the USA. 

Legal Protection for Transgender Persons in the UK 

The UK started recognizing and protecting transgender persons through legal 
instruments by 2002 (Nevrkla, 2018). In 2002, the European Court of Human Rights 
ruled in the case of Goodwin v. the United Kingdom that the UK is violating the rights 
of transgender persons to their private life, marriage and family. The Court directed the 
UK to take steps for the protection of transgender persons by legally recognizing their 
transgender identity (Goodwin v. the United Kingdom, 2002). This led to the passage 
of the Gender Recognition Act of 2004 in the UK to facilitate the rights of transgender 
persons. Under the Gender Recognition Act of 2004, transgender persons are given 
the right to obtain a gender recognition certificate as per their perceived gender 
(Kingdom, 2004). In 2009, a denial of shifting a transgender woman from a men’s 
prison to a women’s prison was held to be a violation of her rights by the London High 
Court, and accordingly, directions were given to authorities (NEWS, 2009). The rights 
of transgender persons to employment and public services without any discrimination 
based on sex-reassignment surgery are protected under the Equality Act 2010, except 



Global Partners in Education Journal – Special Edition  March 2022, Vol. 10, No. 1 
http://www.gpejournal.org   ISSN 2163-758X 
 
 

28 
 

where the opportunity is limited to a single-sex. It has been reported by the 
Organization for Security and Co-operation in Europe that incidents of violence against 
transgender persons are most underreported (Europe, 2006). To properly redress the 
crimes, reporting is vital; therefore, to tackle this, a policy and practice has been 
developed by Crown Prosecution Service in England and Wales to ensure 
investigation of all transphobic crimes. The duty has been imposed on public 
authorities by the UK Public Sector Gender Equality Duty to eliminate unlawful 
discrimination and harassment on the grounds of gender (Commission, 2008). 

Legal Protection for Transgender Persons in Pakistan 

Transgender persons had been a symbol of respect in Muslim communities due to their 
role inside Haram and the same was manifested in the sub-continent. The status of 
transgender persons was then adversely affected by the colonial period and the same 
was carried over to contemporary Pakistan. In the 1850s, eunuchs subverted the 
hierarchy of masculinity, and in response British rulers started erasing them by 
criminalizing them under the Criminal Tribes Act, 1871. Similarly, in the post-colonial 
era, they continued to struggle for their due rights in Pakistan till the state finally 
provided them with due protection. Being marginalized, transgender persons are 
forced to live in collective residences under the supervision of Guru in Pakistan (Islam, 
2019). 

There have been numerous efforts in Pakistan to protect the fundamental rights of 
transgender persons. These efforts towards the mainstreaming of this community have 
achieved progress with the aid of judicial decisions and special legislation. Article 3 of 
the Constitution of Pakistan obliges the state to ensure elimination of any kind of 
exploitation and Article 4 makes treatment in accordance with the law a fundamental 
right of every citizen. Moreover, Article 25 states that every citizen is equal and is 
entitled to equal legal protection without being subjected to discrimination based on 
sex (Farhat, 2020). 

In 2009, Dr. Aslam Khaki filed a petition in the Supreme Court against the reported 
police violence on the transgender (Khawaja sira) community in Taxila, Pakistan. He 
claimed that the transgender community has always been subject to sheer 
discrimination. The respected Supreme Court held that provincial governments should 
protect the fundamental rights of the transgender community. It led NADRA to add 
options to the “sex” category and directed Federal Government to legislate new laws 
(Dr. Muhammad Aslam Khaki Vs. S.S.P, Rawalpindi, 2012). Strict orders and wise 
recommendations were made which did not lead to overnight change but eventually 
led to legislation and enactment of the Transgender Persons Act, 2018. 

In 2017, the final draft of the Transgender Persons Bill was presented before 
Parliament by Senator Babar Awan. In 2018, the Parliament of Pakistan approved this 
bill and it is now enforceable as the Transgender Person (Protection of Rights) Act, 
2018. This Act uses the term transgender in a wider sense and its Section 2 defines 
“transgender” to include intersex (individuals having a mixture of male/female genitals), 
eunuchs, who are male by birth but later undergo castration, and transgender 



Global Partners in Education Journal – Special Edition  March 2022, Vol. 10, No. 1 
http://www.gpejournal.org   ISSN 2163-758X 
 
 

29 
 

man/woman, whose gender identity or expression differs from social norms based on 
sex assigned at birth (Pakistan, 2018). 

Section 3 recognizes the right of transgender people to get registered with 
governments with their self-perceived gender. The Act does not require any district 
screening committees to verify self-perceived gender as required in certain other 
countries including India. This complies with Article 7 and Article 17 of the International 
Covenant on Civil and Political Rights. Applicants for national identity cards are given 
a choice between five different genders including male, female, transgender 
male/female, and Khunsa-e-mushkil (hermaphrodite/intersex). Section 4 prohibits any 
kind of discriminatory behavior against the transgender community in educational 
institutions, workplaces and also forbids unfair treatment towards them. Section 5 
prohibits any kind of harassment based on their gender identity and expression 
(Pakistan, 2018). 

Section 7 exclusively deals with inheritance rights and states that the transgender 
person must not be subjected to any discrimination in acquiring a share of property 
through the inheritance. The share shall be in accordance with the gender recorded on 
ID card; 

• For a transgender male, the share of man 

• For a transgender female; the share of woman 

• For a person having ambiguous characteristics, upon reaching the age of 18 
self-perceived gender identity is to be considered; however, if the individual 
turns out neither, the share will be a medial three-fourths share (Pakistan, 2018). 

Fundamental rights of the transgender community are protected under Sections 8-14 
which pertain to the right to education, employment, vote, property, to hold a public 
office, to health, to protest and assembly, and right to access public places. Section 16 
also states that all the rights mentioned in Chapter I, part II of the Constitution of 
Pakistan shall be equivocally applicable to the transgender community of Pakistan. 
Section 6 imposes duties on the state which include the establishment of protection 
centers, separate prisons, and safe houses. The state is now obliged to ensure the 
awareness of law enforcement officials and healthcare workers. Section 17 prescribes 
punishment against those who employ/compel transgender persons to beg, which is 
imprisonment that may extend to 6 months or with a fine of Rs 50,000 or with both 
(Pakistan, 2018). This Act is by far the most extensive form of protection of transgender 
rights and its fruitful outcomes can be seen in the society of Pakistan. 

Islamic Law and its Implications on Rights of Transgender Persons 

Sources of Islamic law do not explicitly cover the concept of gender identity, which has 
led to miseries for transgender persons in Muslim communities. Islam forbade any 
behavior that sought to imitate the opposite sex, both in appearance and behavior. The 
same has been applied to transgender persons and sex-reassignment surgery by 
many (Afif, 2019). Ibn Hajar, the Sunni scholar, maintains that Prophet condemned 
those who consciously depart from the norm of their set genders with which they are 



Global Partners in Education Journal – Special Edition  March 2022, Vol. 10, No. 1 
http://www.gpejournal.org   ISSN 2163-758X 
 
 

30 
 

born, but not a behavioral abnormality such as dressing like another gender due to 
such psychological tendency (Snigdha, 2019). 

The Prophet (P.B.U.H) respected transgender people as human beings and did not 
punish them unless they were liable for an immoral act and even then, they were only 
asked to leave Medina. After Prophet (P.B.U.H), the Mukhannaths (males who 
resembles females) were accepted in Islam and were appointed as royal teachers and 
given significant positions in the courts  (Aymanee, 2020). Islam forbade same-sex 
marriage, therefore, a transgender person with visual signs of being a male can marry 
a non-transgender woman or a transgender person with visible feminine signs. 
However, a transgender person with clear signs of both sexes is not permitted to marry, 
according to the fatwa (Deleer, 2016). In Islamic law, a transgender person is to be 
given inheritance as per birth sex. If a transgender person is Khunsa-e-mushkil, then 
a transgender person is given a share as a female, except when as a male such a 
person will get a lesser share according to the majority of Muslim scholars (Nyazee, 
2016). The fatwas of Ayatollah Khomeini in Iran and Sheikh Muhammad al-Tantawi in 
Egypt declare that sex-reassignment surgery is not forbidden in Islam. (Alipour, 2017) 

Due to the narrower interpretation of Islam, in most Muslim countries there is no 
specific legal recognition and protection of transgender persons’ rights. In recent years, 
Bangladesh has taken some positive steps by giving legal recognition to the third 
gender category, but mandatory medical examination has resulted in the abuse. Egypt 
rejected recommendations in the third Universal Periodic Review to end arrests and 
discrimination based on gender identity as it does not recognize the term gender 
identity. Iran has now permitted sex reassignment surgery for transgender people 
(Wareham, 2020). In Saudi Arabia as well, efforts made by Human Rights activists for 
transgender persons are labeled as a violation of the public order. In Turkey, positive 
steps are taken by the courts to safeguard the right to speech of transgender persons, 
but still, bans are imposed on their assemblies and events. In the United Arab 
Emirates, the federal penal code punishes cross-dressing which is used against 
transgender persons (Watch, Human Rights Watch Country Profiles: Sexual 
Orientation and Gender Identity, 2021). These restrictive approaches towards 
transgender persons are a result of a misapplication and misinterpretation of Islamic 
laws. 

Recommendations 

International and national legal instruments are not adequate to protect transgender 
persons because the vulnerable social groups need specific protection. The 
interpretation of general International Human Rights treaties to protect transgender 
persons is not sufficient. The status of women and children improved when they were 
specifically addressed by the international legal framework through specific legal 
instruments. An International Human Rights treaty should be adopted specifically for 
transgender persons to enforce the transgender persons’ rights more efficiently. 

Pakistan’s Constitution in its Article 25 maintains that there shall be no sex-based 
discrimination in any field of life, although it is indispensable in the present context that 
gender should also be explicitly mentioned along with sex. Furthermore, Article 25 



Global Partners in Education Journal – Special Edition  March 2022, Vol. 10, No. 1 
http://www.gpejournal.org   ISSN 2163-758X 
 
 

31 
 

empowers the State to make any special provisions for the protection of women and 
children, considering them vulnerable, and the same consideration should be extended 
to transgender people. Federal Legislation is there in Pakistan but now provinces 
should also bring legal reforms for matters under their jurisdiction to extend the 
protection for the transgender community at the grass-root level. 

There is a need to refer to transgender persons separate from lesbians and gays as 
they are completely different-natured people scientifically. In Muslim countries, anti-
cross-dressing laws, anti-gay laws, and vague provisions of indecency need reforms 
to protect transgender persons from a misapplication of laws. Medical approval for 
gender re-assignment should not be there as it is discrimination when no one else is 
required to give proof of their gender identity. Medical students and paramedical staff 
should be trained to deal with transgender persons. Domestic legal frameworks should 
prohibit explicit discrimination based on gender identity. Moreover, policies for better 
implementation of laws and social awareness campaigns should be introduced for the 
social inclusion of transgender persons.  

Conclusion 

In a nutshell, it can be concluded that transgender people are the most 
vulnerable  social group globally. They face challenges of multiple dimensions in 
respect of their social, civil, economic, and political rights. The rights of transgender 
persons are not yet specifically addressed by core Human Rights treaties, but 
protection of these treaties is extended to the transgender persons through 
interpretation. States, when compared, demonstrate different trends in offering legal 
protections to transgender persons. Only a few states have explicit laws to provide 
needed specific legal protections to transgender persons. In the USA, the high judiciary 
has played a vital role in transgender persons’ rights. The UK has been actively 
addressing transgender persons through effective legislation and policymaking. In 
Pakistan, the improvements are evident concerning laws as well as social acceptance, 
but still, there is a need for the strict observance of laws. In Islamic law, there is just 
confusion in interpretation that displays a sense of conservatism on the rights of 
transgender persons in Muslim countries. Islam forbade same-sex relationships, 
although this is a question of sexual orientation, not gender identity, which are 
erroneously conflated. There is an immediate need to improve legal protections, 
adoption of effective policies for transgender persons in all jurisdictions, mass 
awareness movements to sensitize and educate the general public as well as 
transgender persons about the rights of transgender people for the improvement in the 
status of transgender persons. 

References 

Afif, M. B. (2019). Islam and Transgender. International Journal of Nusantara Islam, 
7(2), 185-198. 

Alipour, M. (2017). Islamic Shari'a law, Neotraditionalist Muslim scholars and 
transgender sex-reassignment surgery: A case study of Ayatollah Khomeini's and 
Sheikh al-Tantawi's fatwas. International Journal of Transgenderism, 17, 91-103. 



Global Partners in Education Journal – Special Edition  March 2022, Vol. 10, No. 1 
http://www.gpejournal.org   ISSN 2163-758X 
 
 

32 
 

Aymanee, A. (2020). Countering Islamic Conservatism on Being Transgender: 
Clarifying Tantawi's and Khomeini’s Fatwas from the Progressive Muslim Standpoint. 
International Journal Transgender Health, 21(3), 235-241. 

Commission, E. a. (2008). Overview of the gender equality duty: Guidance for public 
bodies working in England, Wales and Scotland. Retrieved from Equality and Human 
Rights Commission: https://www.equalityhumanrights.com/en/advice-and-
guidance/public-sector-equality-duty-guidance 

Darnell v. Lloyd (United States District Court, D. Connecticut 1975). 

Deleer, M. (2016). Sex-Reassignment Rules in Shiite Jurisprudence. Journal of 
Reproduction and Inferitility, 16, 169-176. 

Divan, V. (2016). Transgender social inclusion and equality: a pivotal path to 
development. Journal of International AIDS Society, 19(3). Retrieved from 
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4949312/ 

Dr. Muhammad Aslam Khaki Vs. S.S.P, Rawalpindi, 43/2009 (Supreme Court of 
Pakistan 2012). 

Europe, O. f.-o. (2006). Hate Crimes in the OSCE Region: Incidents and Responses. 
Organization for Security and Co-operation in Europe. 

Farhat, S. N. (2020). Transgender Law in Pakistan: Some key issues. Pluto Journals, 
17(1), 7-33. 

Ginsley, V. (2017, July). Rights or Wrong? Perceptions of Trans People among 
Undergraduate Students. University of Ontario Institute of Technology. Retrieved from 
IR. Library: https://ir.library.dc-uoit.ca/bitstream/10155/815/1/Ginsley_Victoria.pdf 

Goodwin v. United Kingdom, 16/1994/463/544 (European Court of Human Rights 
2002). 

Gupta, S. (2016). Challenges in Transgender Healthcare: The Pathology Perspective. 
Laboratory Medicine, 47(3), 180–188. doi:https://doi.org/10.1093/labmed/lmw020 

Islam, S. (2019). The Transgender Community and the Right to Equality in Pakistan: 
Review of the Transgender Persons Act 2018. LUMS Law Journal, 7, 208-219. 
Retrieved from https://sahsol.lums.edu.pk/law-journal/transgender-community-and-
right-equality-pakistan-review-transgender-persons-act-2018 

Jurists, I. C. (2007). Yogyakarta Principles - Principles on the application of 
international human rights law in relation to sexual orientation and gender identity. 
Yogyakarta Principles - Principles on the application of international human rights law 
in relation to sexual orientation and gender identity. International Commission of Jurists 
(ICJ). Retrieved from https://www.refworld.org/docid/48244e602.html 

Khan, J. (2020). Discrimination Faced by Transgender. ResearchGate. Retrieved from 
ResearchGate. 



Global Partners in Education Journal – Special Edition  March 2022, Vol. 10, No. 1 
http://www.gpejournal.org   ISSN 2163-758X 
 
 

33 
 

Kingdom, P. o. (2004). Gender Recognition Act 2004. Gender Recognition Act 2004. 
Parliament of the United Kingdom. 

Margolin, E. (2016). How Minneapolis Became First U.S. City to Pass Trans 
Protections. Retrieved from NBC NEWS: https://www.nbcnews.com/feature/nbc-
out/how-minneapolis-became-first-u-s-city-pass-trans-protections-n585291 

Morshedi, M. (2019). Transgender Rights Legal Landscape,. Retrieved from 
SUBSCRIPTLAW: https://www.subscriptlaw.com/transgender-rights 

Nations, U. (1948). Universal Declaration of Human Rights. Universal Declaration of 
Human Rights. United Nations General Assembly. Retrieved from 
https://www.refworld.org/docid/3ae6b3712c.html 

Nations, U. (1966). International Covenant on Civil and Political Rights. International 
Covenant on Civil and Political Rights. UN General Assembly. Retrieved from 
https://www.refworld.org/docid/3ae6b3aa0.html 

Nations, U. (1966). International Covenant on Economic, Social and Cultural Rights. 
International Covenant on Economic, Social and Cultural Rights. UN General 
Assembly. Retrieved from https://www.refworld.org/docid/3ae6b36c0.html 

Nevrkla, S. (2018). The history of transgender rights in the UK. Retrieved from 
allaboutlaw.co.uk: https://www.allaboutlaw.co.uk/commercial-awareness/legal-
spotlight/the-history-of-transgender-rights-in-the-uk- 

NEWS, B. (2009). Transsexual wins prison transfer. Retrieved from BBC NEWS: 
http://news.bbc.co.uk/2/hi/uk_news/8237886.stm 

Nyazee, I. A. (2016). OUTLINES OF MUSLIM PERSONAL LAW. Federal Law House. 

Obergefell v. Hodges (Supreme Court of the United States 2015). 

Pakistan, P. o. (2018). Transgender Persons (Protection of Rights) Act, 2018. 

Rhodan, M. (2016). Obamacare Rule Bans Discrimination against Transgender 
Patients. Retrieved from TIME: https://time.com/4329609/transgender-discrimination-
obamacare-healthcare/. 

Roselli, C. E. (2018). Neurobiology of gender identity and sexual orientation. Journal 
of Neuroendocrinol, 30(7). doi:https://doi.org/10.1111/jne.12562 

Snigdha, R. (2019). An Obscure Perception of Transgender in Islam. Global Journal of 
Human-Social Science, 19(1), 29-36. 

Tauches, K. (2021, October 18). Transgender. Retrieved from Britannica: 
https://www.britannica.com/topic/transgender 

Walker, P. L. (1998). Brief communication: Gender and sex: Vive la difference. 
American Journal of physical Anthropology, 106, 255-259. 
doi:https://doi.org/10.1002/(SICI)1096-8644(199806)106:2<255::AID-
AJPA11>3.0.CO;2-%23 



Global Partners in Education Journal – Special Edition  March 2022, Vol. 10, No. 1 
http://www.gpejournal.org   ISSN 2163-758X 
 
 

34 
 

Wareham, J. (2020). New Report Shows Where It’s Illegal to be Transgender in 2020. 
Retrieved from FORBES: 
https://www.forbes.com/sites/jamiewareham/2020/09/30/this-is-where-its-illegal-to-
be-transgender-in-2020/?sh=a3c445a5748f. 

Watch, H. R. (2016). UN Makes History on Sexual Orientation, Gender Identity. 
Retrieved from Human Rights Watch: https://www.hrw.org/news/2016/06/30/un-
makes-history-sexual-orientation-gender-identity# 

Watch, H. R. (2021). Human Rights Watch Country Profiles: Sexual Orientation and 
Gender Identity. Retrieved from Human Rights Watch: https://www.hrw.org/video-
photos/interactive/2021/04/23/country-profiles-sexual-orientation-and-gender-identity 

 

Author Notes 

Fatima Idrees is an ambitious student of law and student researcher at Fatima Jinnah 
Women University Rawalpindi, Pakistan. She was born in Sialkot and raised in 
Rawalpindi. She is committed to make wider social impact and in pursuit of that she 
has been a Millennium Fellow and Campus Director for class of 2021. Her prime 
interest is in International Human Rights Law, which was boosted by her participation 
in International Law Certification Course 2021 organized by RSIL. She is strongly 
motivated by the idea of empowering women and other vulnerable groups of society to 
contribute towards growth of humanity. She is looking forward to serve with her all 
potentials in order to bridge the gaps between law and society and bring into effect the 
ideas of polity established over principles of democracy in State of Pakistan. Fatima 
Idrees can be contacted at: fatimaidrees502h@gmail.com. 

Saadia Salman was born in Karachi, Pakistan. Growing up, she was fascinated by the 
dynamic political situation of her country, which carved an effect on her personality and 
increased her interest in the subject. She is currently studying Law at Fatima Jinnah 
Women University Rawalpindi. Her educational background in Law has provided her 
broader approach to multiple fields including the International Relations. Being a 
Muslim and a humanitarian, she advocates the prevalence of Human Rights and 
strongly endorses the notion of Justice and Equality. She participated in the 6th Global 
Issues Conference where she advocated the Rights of Transgender. Saadia, from her 
early age, engaged herself in pursuits of social welfare and remained engaged with 
organizations like SOS Village and SKMCH. Being a descendant of a migrated family, 
she feels proud to have inherited culturally rich ethical values. She has keen interest 
in literature and has written multiple poems and proses for the school journal. In 
addition to the academic arena, she has proved her ingenuity in extra-curricular 
activities by engaging in community services clubs and debate contests. Empathy and 
assertiveness lie at the core of Leadership, and Saadia has got both features, which 
justifies her to be acknowledged and inspire her to be the face of true change. Saadia 
Salman can be contacted at: sadiasalmanp@gmail.com. 

Zainab Iqbal is currently working as a Lecturer in the Department of Law at Fatima 
Jinnah Women University Rawalpindi, Pakistan. She has completed her Master's 



Global Partners in Education Journal – Special Edition  March 2022, Vol. 10, No. 1 
http://www.gpejournal.org   ISSN 2163-758X 
 
 

35 
 

Degree (LLM International Law) in 2019 at the International Islamic University, 
Islamabad. In her LLM, she wrote the thesis on “The Need for a Comprehensive Arms 
Trade Treaty to Prevent Violations of International Humanitarian Law”. She has served 
as a consultant for various international organizations including UN Women, British 
Council and EU. Contact email is zainab.iqbal412@gmail.com. 

 

Nadia Khadam is currently serving as Assistant Professor/Head of the Department of 
Law at Fatima Jinnah Women University, Pakistan. After getting practical advocacy 
experience, she joined the Ph.D program in Criminal Law, Policy and Procedure. Her 
areas of research are criminal law, cybercrime laws, cyber security policies, e-
commerce policy and reform in the justice sector of Pakistan. She is associated with 
different initiatives with reference to internet governance in Pakistan. Moreover, she 
represented Pakistan at different national and international forums. Contact email is 
nadiakhadam@gmail.com. 


