Transgender Rights vs. Women's Rights

“Trans rights are human rights!”  “Women’s rights are human rights!”  Yes, but the human rights of two groups often conflict.  The only way to resolve these conflicts is through calm, rational, public debate.  Freedom of expression protects the right of women to question certain demands by trans rights activists, even if this might offend.  Raising conflicts between transgender rights and women’s rights is not “transphobic”, because disagreement is not hatred.  The concept of “transphobia” should be defined narrowly as statements or acts indicating hostility or prejudice towards transgender persons.  If the right to speak about conflicts is protected, and we start by acknowledging the broad areas of agreement about the human rights of transgender people, we can turn to the substance of these conflicts.

Should it be possible for an individual to change their legal sex? If so, how easy should it be?  Should it be changeable only after a diagnosis of gender dysphoria and a waiting period?  Or should it be sufficient to “self-identify” as a person of the opposite sex?  Or should sex be removed from birth certificates, so that there is nothing to change? 

Robert Wintemute carefully examines these conflicts, considers the differences between transgender rights and lesbian, gay and bisexual (LGB) rights, and proposes ways to achieve co-existence between transgender rights and women’s and children’s rights.

"Wintemute expertly illuminates the transgender debate. His journey through time and evolving views is clear and insightful, and he examines legal, policy, and ethical challenges with depth. In an increasingly polarised environment, his respect for all rights is very refreshing."
Debbie Hayton, author of Transsexual Apostate

"The title of Rob Wintemute’s book ‘Transgender Rights vs Women’s Rights’ might prima facie put off supporters of trans rights. This would be a mistake for two reasons. First, Wintemute’s book provides a rare – sympathetic, but also unflinching - application of the human rights framework to trans rights. He takes trans rights very seriously, but - as a long-term human rights lawyer of note – knows that their legal limits need to be taken seriously too, including the rights of others. Second, as the sub-title of the book suggests, the aim of the book is not to stoke controversy but move from conflict to co-existence. Wintemute reminds us that despite the polarization of the debate, large areas of middle ground exist, and compromise solutions are possible. The book identifies and examines arguments and breaks down complex problems in a clear and accessible way that will be intellectually enriching for anyone interested in gender, trans rights, and women’s rights, no matter their opinion."
Barbara Havelková, Associate Professor of Law, University of Oxford

Robert Wintemute is Professor of Human Rights Law at King’s College London.

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