Transgender individuals face distinct challenges in their pursuit of freedom and safety, amidst the ongoing global fight for LGBTQ+ rights. In addition to Asher Fergusson’s annual LGBTQ+ Travel Safety Index, this new study focuses specifically on trans issues. Asher Fergusson has examined individual laws of various countries and collected data from international sources to create the “Global Trans Rights Index” for 2023, which helps identify the safest and least safe countries.
According to the study, Malta claims the top spot in the Trans Rights Index and ranks third in the LGBTQ+ index, making it one of the leading countries in terms of trans rights. It offers legal protections based on sexual orientation and gender identity, as well as constitutional safeguards against discrimination for all LGBTQ+ individuals. Hate crimes targeting trans people are outlawed, and changing legal gender identity does not require a medical transition. Following Malta, Portugal, Canada, Sweden, and Bolivia are among the countries that excel in trans rights. They provide social protections for LGBTQ+ individuals and allow legal gender identity changes without mandating medical transition.
Guyana ranks as the worst country for trans people due to its lack of worker protections, discrimination, and criminalization of violence. Cross-dressing was criminalized until 2018, and attacks against trans people are common. Malaysia, Saudi Arabia, Malawi, and the United Arab Emirates are the next worst countries for trans people without any worker, discrimination, or criminalization protections.
The most LGBTQIA+ friendly continents by far are North America and Europe. The 2024 Annual Review by ILGA-Europe, an organization that works in collaboration with and on behalf of over 700 LGBTI member organizations across Europe and Central Asia, provides a yearly updated country-by-country review of the social, political and legal assessments of countries in regard to trans and queer rights and experiences.
Severe Discrimination Still Remains
The study reveals, however, that even in the top-ranking countries, many trans individuals continue to face severe discrimination, violence, and other challenges. Finland, for instance, previously required transgender individuals to undergo sterilization for a legal gender change until the law was amended in February 2023. Five out of the top ten countries in the study still reported cases of trans murders according to the Trans Murder Map project. Clearly, the global community has a long way to go in safeguarding the rights of its most vulnerable populations.
The study’s scores, which assess countries’ ability to protect trans people from discrimination, hold paramount importance. These scores range from 50 for comprehensive sexual orientation and gender protection to 25 for limited sexual orientation protection only. Additionally, if a country has only limited LGBTQ+ worker protections, it receives 10 points, and the same applies if it only recognizes limited anti-discrimination measures. Furthermore, countries receive 10 points if they have only limited criminalization of hate-based violence. The score related to trans murders carries double weight due to its significance in reflecting the lived experiences and safety of trans individuals.
To ensure the most accurate and up-to-date information on trans rights, Asher Fergusson has fact-checked and cross-referenced the data with individual country legislation.
Best Countries For Trans People
Malta
The government is currently employing the LGBTIQ Equality Strategy and Action Plan (2023-2027). The plan covers 10 sectors and 94 measures to combat discrimination and violence against the LGBTIQ community. It includes strategies for police training; addressing data gaps; inclusive education and review of sex-ed curricula; mainstreaming sexual health; and capacity building of professionals working with asylum seekers and migrants. The plan was drafted along with the consultation and advice of the LGBTIQ Consultation Council.
Canada
Canada actively promotes LGBTQ2I human rights domestically and internationally through its work with the United Nations, the Organization of American States, the Organization for Security and Co-operation in Europe and the Equal Rights Coalition. Through its work with the UN LGBTI Core Group, Canada routinely asses incidents of anti-LGBTI crimes and human rights violations, analyzes tools educational and sexual health tools related to LGBTI issues, and provide millions of dollars in financial situations to LGBTI individuals seeking assistance and asylum.
Bolivia
In Bolivia, gender-affirming care is legal and available, in addition to recognition of transgender identities on official, state-issued documents. General attitudes from the public also reveal that people are quite receptive to the transgender community.
Belgium
The Belgian parliament, Prime Minister and several of the municipalities have celebrated trans and LGBTQI+ identities by holding several festivals through the past several years. Rainbow street crossings have been painted in over a third of the municipalities as a show of support and acceptance. Furthermore, three laws on discrimination have been updated to establish trans identity as a protected group with “medical or social transition” and to recognize multiple discrimination. Additionally, the definition of sexual orientation was updated in the laws to reflect that sexual orientation can be fluid.
Denmark
For the first time in history, both municipalities of Aarhus and Odense adopted broad LGBT+ policies covering a wide array of initiatives in the legal and social spheres. In 2023, the new government reconfirmed its intention to fulfill the LGBT+ Action Plan (2022-2025) of the previous government ensuring the protection of trans individuals across all public arenas.
Worst Countries For Trans People
Guyana
Currently, there are no Guyanese laws prohibiting discrimination based on sexual orientation, gender identity, or gender expression. LGBTQIA+ people report experiencing discrimination in nearly all facets of their lives, including in education, health, public transportation, and access to justice. There is also little to no redress for LGBTQIA+ people who experience discrimination or punishment for those enacting violence.
Malaysia
Transgender people in Malaysia face widespread stigma and human rights violations. Those who identify as transgender are subject to arrests, harassment and assault from federal, state, and local Islamic religious authorities, and often avoid reporting these incidents out of fear that they will not be protected by the police. Negative portrayals of LGBT+ people by senior governmental officials and the mainstream media compound the vulnerability of the LGBT+ community.
Saudi Arabia
In Saudi Arabia, it is illegal to be transgender. It is also illegal to undergo any gender-affirming procedure, with the exception of intersex people doing so. It is even against the law for men to wear clothing considered to be for women or to act feminine, and vice versa. In November 2016, the Saudi government barred transgender people from participating in umrah, a pilgrimage to Mecca.
Malawi
In Malawi, LGBTQIA+ persons face an alarming and hostile environment. The country enforces a plethora of discriminatory legislation and ongoing human rights violations creating an atmosphere of fear and oppression. The refusal to repeal harmful homophobic legislation has left LGBTI persons extremely vulnerable to frequent harassment and discrimination.
Gambia
Under Criminal Code 1934, which criminalizes acts of ‘carnal knowledge against the order of nature’, ‘gross indecency’, and since 2014, ‘aggravated homosexuality,’ Gambian law states that LGBTQ persons may be penalized with life imprisonment. In addition to potentially being captured by laws that criminalize same-sex activity, trans people often also face prosecution under a ‘rogues and vagabonds’ law with a maximum penalty of five years’ imprisonment. Socially, attitudes are intolerant and sometimes violent towards transgender individuals. Currently, there is no legal penalty for this type of violence.
RELATED: Here Are The Most LGBTQ+ Friendly Destinations According To Expats Around The World
