If you’re transgender, it’s a big help to know your legal rights. This is especially true if you’re living with HIV.
Transgender people can sometimes face targeted violence, job discrimination, social stigma, and poor access to quality medical care. All those challenges can make it tough to realize you have legal rights just like those of any other American citizen.
Those rights are complicated because traditional law applies to people’s birth gender. Whether you’re trans female (assigned male at birth but identify as female), trans male (assigned female at birth but identify as male), or elsewhere on the spectrum, you’re still a human being and a citizen with protections under American law. You also have legal access to state and federal programs that provide care to people living with HIV.
Unsure About the Meaning of Human Rights?
The United Nations wants all countries of the world to guarantee the basic human rights of people in minority groups. The U.N. is well aware of the key issues transgender folks face as well as those of someone living with HIV, and it’s trying to do something to address them.
The U.N.’s guidelines do not have the force of law, but they do provide clear standards on the basic rights of trans people which some countries respect and support. Knowing these standards will help you figure out when your rights are being violated and give you a frame through which to advocate for yourself!
The U.N. believes that trans people’s basic human rights fall into four categories:
- Violence: You have a right to protection from violence, torture and treatment that degrades you.
- Discrimination: You should not be discriminated against in jobs, education and the legal system.
- Health: Your transgender status should not block your access to health care—particularly HIV diagnosis, counseling and treatment.
- Legal gender recognition: Laws should recognize and respect your gender identity.
While local, state and federal laws have been slow to catch up with the exact needs of trans people, progress is being made every day. Read on for more specifics on your current legal rights here in the US.
What are Some of the Legal Rights of Trans People?
The American Civil Liberties Union (ACLU) has a page called “Your Right to Know:
Transgender People and the Law” that answers a broad range of questions about transgender rights. These are some of the most important points on the page:
- Several states and hundreds of cities have laws specifically covering the legal rights of trans people. It’s important to find out the laws in your state and city.
- Federal agencies that regulate housing and employment have issued rules saying that trans people cannot be discriminated against in employment and housing.
- The U.S. Supreme Court has not ruled that the Constitution bans discrimination against trans people, but the ACLU believes the Supreme Court eventually will issue such a ban.
Read the whole page for more guidance, including advice on medical issues specific to trans people.
Defending the Rights of Trans People with HIV
Federal laws protect the privacy of anyone carrying the HIV virus. Those same protections apply to trans people.
Some trans people have been kicked out of their homes and fired from jobs, forcing them to work in the sex trade. This creates a much higher risk of becoming infected with HIV and passing it along to other people. This is a vicious cycle and one we all need to work together to end.
Trans people who can’t find work lose coverage under employer healthcare plans. That prevents them from seeking the anti-retroviral meds they need because they’re concerned with the cost.
However, there is good news! Today’s HIV medicines can guarantee long and healthy lives for trans people. Several government programs, such as Ryan White and the Ohio Drug Assistance Program, ensure that people can get their HIV meds even if they cannot afford them.
Knowing your rights is the first step toward breaking the cycle and staying healthy.
Positive Peers is made possible through a U.S. Department of Health and Human Services Health Resources and Services Administration, HIV/AIDS Bureau Special Projects of National Significance (SPNS) Grant to The MetroHealth System. Click here for more information about the SPNS grant initiative.
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