tgeu
Monitoring transphobic incidents
Impunity and
state-sponsored violence
secute trans people on the grounds of their
gender identity or gender expression.
In cases of violence, transgender persons’
access to justice mechanisms is limited
As a trans-rights activist from Turkey re-
for two reasons. First, transgender survi-
ports, “The majority of physical attacks
vors often do not trust judges or do not
and killings are directed at trans* sex work-
have the financial means to cover the
ers, as they are pushed into insecure envi-
costs of legal proceedings. And second,
ronments at the margins of society, where
many transgender persons do not have
the police and/or judicial authorities legit-
the required information about how to
imize the violence they face through their
respond to incidents of violence. Those
actions”. Inappropriately low sentences
seeking justice are often faced with a
for perpetrators send a further discourag-
reluctant and ill-equipped judiciary. As
ing signal to the transgender community.
TGEU research has shown, trans people
Another factor involved in failing to prose-
are particularly vulnerable where there is
cute transphobic hate crimes is that trans
widespread impunity, since transphobic
women are often treated as men by the
incidents are not properly investigated.
criminal-justice system:
In many countries, such as Turkey and
•
Greece, the majority of trans women
Attacks on trans women by men are
implicitly regarded as “male-on-male”
have few economic opportunities other
attacks rather than male-on-female
than engaging in sex work. This occu-
attacks. Trans women’s vulnerability
pation increases their exposure to vio-
as women and as trans women is over-
lence, particularly from the police. Un-
looked. In many cases, trans women
favourable legislation surrounding sex
are regarded by the police as the cause
work and the above-described negative
attitudes of law-enforcement bodies towards transgender sex workers have a
major impact on these individuals’ safety
•
of the incident, rather than the victim.
The legal definition of rape, which is
often based on gender, genitals, etc.,
often excludes trans women.
and security. Supposedly “neutral” legal
measures such as public morality and
Another common pattern is that judges
public-order legislation, anti-vagrancy
rule that the victims engaged in “unjust
laws, anti-homosexuality laws, anti-pros-
provocation”, exculpating perpetrators
titution laws, nuisance laws, etc. are used
and further confirming social prejudices.
by law-enforcement personnel to pro-
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