Dr. Fowmina C
Vinayaka Mission’s Law School, Chennai
The intersection of transgender identity, womanhood, and armed conflict poses intricate dilemmas for international law, requiring a profound comprehension and strong legal structures to safeguard the rights and welfare of transgender women among unstable circumstances. The Geneva Conventions and supplementary protocols are designed to safeguard non-combatants in times of warfare, although they lack explicit provisions addressing the vulnerabilities encountered by transgender individuals, particularly transgender women. This lack fosters a systematic neglect of their distinct requirements and entitlements in contentious environments.
The primary objective of the United Nations framework is to safeguard individuals against discrimination and promote gender parity. This is achieved through the implementation of the Universal Declaration of Human Rights and its following protocols. Nevertheless, transgender women residing in crisis areas continue to encounter enduring deficiencies in the implementation and enforcement of regulations. Notwithstanding the existence of international legal procedures arguing for their protection, these women frequently encounter various forms of discrimination, frequently enduring abuse, marginalization, and deprivation of critical services. In order to effectively address the distinct vulnerabilities faced by transgender women in times of armed conflict, it is imperative to develop a fresh and discerning perspective that expressly acknowledges transgender rights and ensures their protection within the framework of international humanitarian law.
This January 2024 entails enacting measures that protect transgender individuals from discrimination and harm, while also guaranteeing their ability to obtain necessary services and medical treatment that aligns with their gender identity. It is essential to strengthen the application and enforcement of current international legal frameworks. The paper examines the legislative obstacles to addressing these issues and proposes extensive reforms and meticulous execution to safeguard vulnerable individuals, such as transgender women, during emergencies.
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