Abstract:
In this case discussion we explore the constitutional and
human rights implications of a decision of a High Court of Zimbabwe
in Nathanson v Mteliso & Others for the recognition of transgender
identity. The Court found that the arrest and detention of a transgender
woman on the claim that she was a man who had entered a women’s
toilet were unlawful. It is argued that while the decision stops well
short of a comprehensive engagement with the intersection between
gender diversity and fundamental rights, it nonetheless is progressive.
The decision should be understood as standing for the proposition that
transgender persons are entitled to rights guaranteed in the Constitution
and international human rights law.
