Publication:
Trans Women’s Rights from The Perspective of Vietnamese Labour Law
Trans Women’s Rights from The Perspective of Vietnamese Labour Law
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Date
2022
Authors
Trần Thiên Trang
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Abstract
The rapid development in medicine has led to various legal issues related to transsexual persons.
In terms of female workers' rights, it is worth considering the rights of male to female transsexuals
(trans women) from the perspective of labour law. The question here is whether trans women
have the same rights as those of female workers. In fact, trans women must use hormones to
maintain their female characteristics during their lives, which make them weaker and shorten their
life. Furthermore, after the sex transition, many parts of trans women's bodies shall have significant
changes such as the face, skeleton, muscle, genitals and so on. At this point, trans women should
be treated in the same way as `women-born-women'. Since this issue may become a heavy burden
for trans women, the paper aims to have an insight on the current Vietnamese labour law concerning
mainly (i) the trans women's right to raise a child under twelve months of age and (ii) retirement
ages. This paper is structured into three main sections. The first section aims to shed light on the
re-consideration of the modern feminist theory on who are counted as women. The second section
takes a view of trans women's rights from the perspective of labour law. The final section is
for conclusion and recommendations. It is pointed out that in the Vietnamese legal context that
trans women workers may easily become victims of discrimination because of the lack of specific
regulations. It is worth stating that the gap of legal procedures and provisions related to gender
recognition for trans women could be barriers preventing trans women from enjoying the rights
of female workers under the Vietnamese Labour Code. To summarize, this study is necessary, especially
in the context that Vietnam is currently drafting the Law on Gender transition. The Feminist
Legal Theory and the methodology of analysis, comparison, and synthesis of legal dispositions are
used to analyse the mentioned matters.
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Keywords
trans women,
gender,
female worker,
labour law,
Feminist Legal Theory