A discussion on the use of public bathrooms by the transgender population is scheduled for the 29th of this month on the agenda of the Federal Supreme Court (STF), in case of general repercussion (RE 845779). Next, ministers must evaluate an Allegation of Non-compliance with Fundamental Precepts (ADPF 787) against omissions by the Ministry of Health in relation to primary care for transsexuals and transvestites. The proposal has been on hold since November 2015.
Ministers must decide whether trans women can use the women’s bathroom and trans men the men’s bathroom. The discussion is whether the approach for transsexuals to use the bathroom of the opposite sex to which they had gone offends their dignity and may cause compensation for moral damage.
There are 2 votes in favor of the transgender population: from ministers Roberto Barroso, rapporteur, and Edson Fachin. Minister Luiz Fux asked for a view (more time to analyze the case) at the session. From then on, the process is stopped. The topic has general repercussion, that is, it will serve as a guide for future judicial decisions on the same topic.
Somehow, society needs to be heard. In one way or another, Justice is also a function that is exercised in the name of the people and for the people.
The concrete situation under trial is the right to compensation for a transsexual who was prevented from using the women’s bathroom in a shopping mall in Florianópolis. She relieved herself in the bathroom entrance hall and returned home by bus with dirty clothes. In the 1st Instance, the Court ordered the mall to pay R$15,000 in compensation.
The rapporteur, Minister Barroso, said that transsexuals make up a marginalized minority. He stated that the “remedy” against discrimination involves “a cultural transformation capable of creating a world open to difference, where assimilation to dominant or majority cultural standards is not the price to be paid to be respected”.
“Discriminating a person for being transsexual – mistreating them for an innate condition – is the same thing as discriminating against someone for being black, Jewish, female, indigenous or gay. It is simply unfair when not manifestly wicked,” she declared.
The minister said that “the mere presence” of a trans woman in common areas of a women’s bathroom, “even if it causes some discomfort, is not comparable to that endured by a transsexual in a men’s bathroom.”
“In some way, society needs to be heard. In one way or another, Justice is also a function that is exercised in the name of the people and for the people,” he declared. “Where there is reasonable moral disagreement, we need to have a listening ear to what society thinks.”
By Ezatamentchy
Source: Maxima
I am an experienced author and journalist with a passion for lifestyle journalism. I currently work for Buna Times, one of the leading news websites in the world. I specialize in writing stories about health, wellness, fashion, beauty, interior design, and more. My articles have been featured on major publications such as The Guardian and The Huffington Post.