Trans Accessibility Project: Challenging The Barriers

Human Rights Office: Transgender/Transsexual: Contents: Challenging

Trans Accessibility Project:
Challenging The Barriers

Challenging the barriers that exclude transgendered women from shelters requires an acknowledgement of the need for services, an awareness of the obstacles to service-provision, and a willingness to remove those barriers. However, the process of addressing discrimination against transgendered people must be, and is being, addressed on many different levels: through legal challenges to Human Rights Commissions, through community development, in individual organizations and on a personal level.

It is within this greater context that shelters must be placed. The political, social and personal struggle against transphobic discrimination is well underway. Organizations are fighting discrimination against transgendered people in all facets of life. Making shelters accessible is one step along the way.

Human Rights Rulings

Ultimately, the decision to make shelters accessible to transgendered women will go beyond the policy-making capabilities of any one Board of Directors. In a way, it already has. Shelters are not in a legal position to exclude postoperative transsexual women. Moreover, Human Rights Tribunals are inclined to include women who have not yet had sex reassignment surgery, but who are in the process of transitioning.

At the time of this writing, discussions are under way as how best to address discrimination against transgendered people in the Human Rights Code. Some cases of discrimination are being fought and won on the ground of sex. In other cases, discrimination against transgendered people has been prohibited on the basis of disability. [Human Rights Decision] Recommendations have also been made to include "gender identity" in the code as a prohibited ground for discrimination.

Existing human rights legislation protects trans-gendered people but it is likely that more specific protections will be included in the future (although the exact wording is not known). We can anticipate that women's services will not be exempt.

Community Development

Transgender communities, like women's and queer communities, are composed of diverse groups of people who may not see themselves as having all that much in common. There may be significant political, social and sexual differences, but there is a shared discrimination. As stated in the Trans/Action Resolution paper submitted to the Justice and Equity Summit:

If a pre op transsexual, a post op transsexual, a butch lesbian, and a person who identifies as pangendered are all kicked out of the same washroom on the same day because a non-trans woman has complained to security that there are men in the washroom, should all of them be able to file a human rights complaint? The answer was a resounding yes. For one thing, from the point of view of the person doing the discriminating, they (literally) can't tell the difference! (Christine Burnham, 1999, p. 1)

Community development, or coalition-building, is about finding common ground and uniting to fight common problems. Globally, numerous transgender organizations have been formed to work for change. Some are working to change human rights legislation, some are improving access to appropriate medical care and other services, some are essentially educational in nature, and others provide support and organize social events (see Chapter 8 for a list of some of these groups).

Alliances among various community groups and organizations are also being formed. For example, many gay, lesbian, and bisexual groups are adding "transgendered" to both their titles and their mandates. Some municipalities, corporations and universities are including "gender identity" in their anti-discrimination clauses.

There is a natural alliance to be forged between transgender communities and women's communities. There is much common ground between the two groups and much to be gained for both in working together. Shelters can participate in community development by forming alliances with groups and individuals in their communities who are already addressing these issues.

Organizational Development

At this point in time, most women's organizations are uncertain about their role in service-provision to transgendered women. In our survey, 65% of the respondents indicated that they were "unsure" about whether their organization should offer services to transgendered women, however, 34% of the shelters clearly stated that they should. Only 6.8% believed that they should not provide these services. Many commented on their response to this question. The most frequent comment made was that they had never discussed the topic. Most organizations indicated that they had no experience with transgendered women (that they were aware of). Most would not know where to refer a transgendered women in need of help and 79% of the shelters had not received any training or education on the topic. Given this situation, it makes sense that many organizations are hesitant about taking on these issues. For most, it is a new area and women are unsure of what will be expected of them.

Getting Started

As in most difficult situations, focusing on the totality of the problem can make the task at hand appear daunting. So, too, can identifying one particularly difficult obstacle and deciding that, because it seems insurmountable, nothing can be done. For example, if you live and work in a very conservative area, your community may already view the shelter with some suspicion, perceiving it as a "hot bed of feminism and lesbian radicals." Adding transgendered women to the mix may feel like adding fuel to a fire that could ultimately destroy the shelter. So, what do you do? Do you exclude this group of women to avoid fanning the flames or do you forge ahead and make your organization accessible? It is easy to get stalled waiting for societal change when change at the organizational level is under your control.

Developing and Implementing a Work Plan

As previous chapters have illustrated, there is a variety of obstacles that shelters face in becoming accessible to transgendered women. However, some are more intimidating than others. Some can readily be overcome and others will require a long-term approach; some can be accomplished by the shelter on its own and others demand the creation of alliances. Making a service accessible to transgendered women requires more than having one or two workshops on transphobia, or including "gender identity" in policies. Organizational change requires long-term planning. Having a work plan makes it easier to reach objectives because it breaks problems down into manageable pieces. It also helps to keep the ball rolling when other work takes priority and initial enthusiasm begins to wane.

Identifying Barriers

This manual identifies a wide range of obstacles to service provision, some of which may be relevant for your organization. But ultimately, each shelter needs to identify its own roadblocks. Shelters in rural areas may have greater barriers than those in urban centres, by virtue of fewer places to refer and fewer allies in the community.

Recognizing Your Strengths

Virtually all shelters have policies and procedures in place to deal with issues of discrimination and unacceptable behaviour. Some shelters have explicit policies on specific issues, while others have statements of philosophy or principle that cover multiple issues. Women's shelters have many years of practical experience dealing with the effects of discrimination as well as with developing policies and procedures to deal with various forms of discrimination. Developing policies for transgendered women falls within this type of established experience. [Do not recreate the wheel]

Most shelters in the survey have policies on racism, sexism, HIV discrimination and homophobia; but, few currently have policies in place to combat transphobia.

In addition, some shelters listed anti-discrimination policies on the following grounds, thus paralleling provincial and federal human rights legislation:

marital status
offences
culture
religion

disabilities
age
place of origin
ancestry

Some of the perceived barriers to including transgendered women involved concerns about the behaviour of both nontransgendered and transgendered residents. [% of shelters with additional policies & procedures]

[% of shelters with additional policies & procedures]

However, if a resident behaves in an aggressive or discriminatory manner toward anyone in the organization, there are existing procedures to address it. Ninety-seven percent of survey respondents clearly indicated that education of the resident is the first path to be taken in this circumstance. If education fails, other steps would be considered, depending on the severity of the situation. Ultimately, if a resident refuses to change her behaviour, she could be asked to leave the shelter.

[Possible Objectives] Some shelters wonder if it is reasonable to expect non- transgendered residents to understand transgender issues. It is true that women come to the shelter from all walks of life, politics and experiences. They come to escape abusive, desperate situations; and they come for safety and support, not to get a political education or to expand their social horizons. However, we know that having been abused does not give one license to discriminate against others on the basis of ability, colour, or sexual identity. Transphobia will simply become another form of discrimination that is not tolerated. Incorporating provisions concerning transphobia is not different from adding anti-racist or anti-homophobic policies and procedures. In assessing the existing strengths of your organization, it is important to recognize that you already have the building blocks needed to achieve your objectives.

Deciding on Your Objectives

Once you have identified the barriers in your organization and assessed the strengths you possess, you are ready to establish some objectives. Objectives are the concrete changes you can make to reach your goal of creating a safe and accessible shelter.

Achieving Your Objectives

There are three main tasks to accomplish in order to be inclusive and to create an environment that is free of discrimination. These tasks fall under the categories of anti-discrimination training, policy development and outreach. Neither the administration nor the structure of the organization needs to change in order to make it accessible to transgendered women.

Anti-Discrimination Training
The first step in challenging discrimination and increasing accessibility involves education (see Chapter 7). Training covers transgender issues, transphobia and genderism, and the particular impact of violence given the life experiences of transgendered individuals. Some of the training may be facilitated by a knowledgeable shelter worker (transgendered or not), but you may want to bring in an outside facilitator. In addition, consider inviting members of transgender communities and others knowledgeable in the area to offer a variety of perspectives.
Anti-discrimination training is intended to reduce the likelihood of discriminatory treatment of transgendered people; but anti-discrimination work requires inclusion, not simply an absence of discriminatory behaviour. There are several concrete ways in which a shelter can create a trans-friendly environment; one that is welcoming and comfortable for transgendered women. Most shelters will need to increase the range of resources available for transgendered and nontransgendered residents and staff (see Chapter 8). Existing literature (pamphlets, booklets) may need to be revised to include transgendered women and/or new materials developed. Similarly, pictures, symbols and posters convey who is welcome in your organization. Trans-inclusive images not only educate nontransgendered residents and staff but signal to transgendered women that there is a place for them in your organization. Anti-discrimination training can take many forms; including, attending formal workshops and informal discussions, reading books and pamphlets, watching videos or viewing visual images of gender diversity.
Policy Development
Policy development is an essential component in making a shelter accessible. However, policy development without anti-discrimination training and outreach to transgendered communities is problematic. A policy alone will neither make the shelter truly accessible, nor ensure that transgendered women receive supportive services.
One of the challenges in policy development is ensuring that new policies do not conflict with existing policies or philosophies of the organization. Thus, creating policies in this area may seem complicated because of the confusion between "gender" and "gender identity." As it stands, shelters are mandated to provide services to women and can legally exclude men. Including transgendered women does not change this situation, nor are we suggesting that it should. While shelters can continue to deny access to services based on gender (no men), they cannot do so on the basis of gender identity (female).
Related to this is the question of identifying a woman. How do you know if the person at your door is a woman and will your policy require some form of gender verification for residents? If so, there is a great risk of violating other policies or philosophies relating to the dignity and privacy of residents. For example, what might gender verification be based on: appearance, legal or medical documentation, or visual inspection? Will all service-users be subjected to this gender verification or only those who do not appear stereotypically feminine in the eyes of the shelter worker completing the intake form? Will this policy inadvertently reinforce sexism? Additional questions for consideration are posed in Chapter 7 (Policy Development).
We suggest that the following four types of clauses be considered for your trans-inclusive policy:
1. inclusion clause
  An explicit statement that the shelter provides services to transgendered women is recommended. For clarity, it would be beneficial to include a definition of a transgendered woman. Although controversial, we suggest a definition solely based on self-identification, such as, "A transgendered woman is a person who identifies as a woman, though born biologically male." An inclusion clause serves two functions: it clarifies who its service-users are and it lets transgendered women know that they are welcome in the organization.
2. non-discrimination clause
  The majority of shelters already have anti-discrimination clauses in relation to race, AIDS, sexual orientation and disabilities, among others. The non-discrimination clause can state that the shelter will not discriminate on the basis of gender identity (or gender identity and gender presentation) nor tolerate such discrimination. This means that if a person self-identifies as a woman, she will be considered a woman by the shelter.
3. privacy clause
  While recognizing that most shelters do not have the means to ensure private rooms for anyone, shelters do need to determine the extent to which they can accommodate a transgendered woman's need and desire for privacy (in changing, showering, etc.). The legal right of people not to be unwillingly exposed to the genitals of the opposite sex should be considered in policy development. However, keep in mind that transgendered women are likely to be just as, if not more, modest about their bodies as other women. This will be an issue for non-op or pre-op transgendered women if there is no opportunity for them to change or bathe in private.
4. confidentiality clause
  Dignity, privacy and confidentiality are essential for all residents Just as sexual orientation, HIV status and other personal information disclosed in counselling is considered to be confidential, so too is a woman's transgender status. Existing confidentiality provisos can be updated to include a statement about a woman's transgender status. Unfortunately when a new issue is encountered, even the most well-meaning people can find themselves shifting, usually solid, boundaries. Fascination with the area, or the novelty of working with a "known" transgendered woman, may tempt some workers to breach confidentiality. The dangers of outing a transgendered person are discussed in Chapter 7 (Counselling Issues).
Outreach
Without outreach work, you could spend a lot of time and energy getting ready to provide services and never have anyone show up! Creating inclusive policies and offering anti-transphobia training is futile if the accessibility of your organization is not known in transgender communities and other social service agencies. Be persistent in your outreach efforts. It can take time to build relationships and trust where none has existed in the past.
Transgender communities have reason to feel suspicious of women's organizations and may need to see sustained effort to believe that they will find safety and support in our organizations. As with all outreach work, if first you fail, try again with another strategy.