By Sheena Justine Swemmer
Sheena Swemmer is a researcher and attorney looking into the intersection of violence against vulnerable groups and rights in the Bill of Rights, with a focus on sexual harassment in the workplace, sexual violence in schools, and LGBTQIA+.
She is also an animal rights expert.
Swemmer says: “In many instances, (in South Africa) there are overriding protections within the Constitution and specific legislation. However, there continue to be significant challenges faced by trans and gender-diverse people in South Africa. One example is in relation to prejudice and unreasonable delays in processing name and gender-marker changes by the Department of Home Affairs.
“Although the Births and Deaths Registration Act permits individuals to amend both their names and gender markers, the practical implementation of this right remains fraught with obstacles. Many do not appreciate how critical accurate names and gender markers are to everyday life. When official documents do not reflect a person’s gender identity, it creates substantial barriers to accessing essential services such as banking, voting, and international travel.
“Without alignment between one’s documentation and lived identity, full participation in society becomes severely restricted.”
