On Wednesday France's senate unanimously voted to prohibit discrimination against transpeople…they think. While meeting to adopt a bill against sexual harassment, discrimination against transgender people was added to the French penal code…maybe.
Transgender people have alerted us to high frequency of harassment and assaults they experience, particularly during the transition period that can last several years. It seems necessary to me to complete the law on discrimination and to add recognition of transphobia.
--Senator Michelle Miller, Socialist Party
Why did I hedge my bets above? The criteria "sexual identity" was inserted into the legislation that prohibits discrimination. Sexual orientation is already covered. The problem is nobody is quite sure what "sexual identity" means. "Gender identity", the term usually used, is defined because it is used in European legislation.
The Senate amended the code using the term "sexual identity", a term which is less satisfactory, but it is a first step.
--Nicolas Gougain, Inter-LGBT
The following is a translation of part of the Inter-LGBT press release, thanks to pico:
In the end, we can rely on the last report (March 22, 2012) of the National Consultative Commission of Human Rights on this issue. There it reads, "The multiplicity of meanings of gender, a term whose complexity can make usage delicate, requires us to be clear whenever a reference is made concerning this conceptual area. CNCDH emphasizes the need to detach questions of gender from those of sexuality whenever they are unrelated."
It continues "... for French diplomacy, there is no confusion between the perspective on gender that refers to the issue of equality between men and women, and [the perspective] that has been designated by the expression of gender identity in the work of international bodies of human rights, including the November 2011 report of the UN High Commissioner. "
In a press release the French Transgender National Association protested against the use of term 'sexual identity' which it claims will leave the determination of discrimination entirely to the judge’s discretion as the concept is not defined by law.
Gender identity is not sexual identity: one can be born into male or female without a corresponding gender identity.
--Senator Annie David, Communist Party
France delisted transsexuality as a mental illness in 2010, becoming the world's first country to do so.
A recent poll of young transgender people in France found that 34% said they have attempted suicide, while 19% have been disowned by their family.
According to the US National Transgender Discrimination Survey of 2011, 26% of transgender people lose their jobs following an announcement of their transition. And 52% reported incidents of discrimination with 19% finding themselves homeless as a result.