h******d
发帖数: 372 | 1 http://www.bbc.co.uk/news/world-asia-china-38497015
China: Limited victory for man in transgender dismissal case
1 hour ago
From the section China
Mr C, pictured centre with his lawyers, said he was "quite happy" with the
outcome
A transgender man has won his case for unfair dismissal at a court in China.
Mr C, who was born a woman but identifies and dresses as a man, was working
at a health centre in Guiyang last year when he was fired.
The court said he had been illegally dismissed, but said there was not
enough evidence to rule he had been fired due to discrimination against
transgender people.
Mr C told AFP news agency that he was "quite happy" with the outcome.
But he said that the court's decision to reject discrimination as the cause
showed that "legislation in this field requires greater attention".
Mr C had only worked at the Ciming Health Check-up Centre for a week when he
was told to leave. He says it was because he wore men's clothing.
A news report at the time quoted a manager as saying that his appearance "
really didn't fit our standards".
The court awarded him a month's wages, reports said. Mr C took the case to
court after losing a complaint at a labour tribunal.
Speaking to the BBC last year, Mr C said he had received a lot of support
from China's LGBT community. But he said trying to find a job as a
transgender person was hard.
"Within the LGBT community, many people have experienced this after they
revealed their sexual orientation," he said. "So you either hide it, and
wear their uniforms, or you get rejected."
Conservative attitudes to gay, lesbian, bisexual and transgender issues
persist in China, which does not allow same-sex marriage. But activists have
become more vocal in recent years.
Last year, a court in Changsha city ruled that two gay men could not
register as married. Supporters said the fact that the case was heard at all
constituted progress.
'Limited victory' - Celia Hatton, BBC Asia analyst
When Mr C's wrongful dismissal case was first accepted by a district court,
activists were pleased that his complaint was being taken seriously. That
was a victory unto itself, they said.
There was talk that the case could be a legal landmark; a decision that Mr C
experienced unfair bias based on his transgender status could set a
precedent to protect the labour rights of gay, lesbian and transgender
people in China.
In the end the court's ruling was a limited victory - awarding Mr C
compensation but not ruling that he was dismissed because of his transgender
status.
China's courts are not independent, and a politically sensitive case like
this would have attracted the attention of the country's central authorities.
The decision effectively takes the steam out of Mr C's battle. If he had
lost, he probably could have appealed, bringing the case to a higher court
and gaining even more attention.
Mr C said he was pursuing the case to gain recognition rather than
compensation. He and his supporters say the decision will allow hidden
discrimination to persist. |
|
