A COMPARATIVE STUDY OF ANTI-DISCRIMINATION LAWS FOR TRANSGENDER PERSONS

Abstract

The recognition of transgender rights has emerged as a central concern in contemporary constitutional and human rights law. Antidiscrimination frameworks across jurisdictions increasingly acknowledge gender identity as a protected characteristic; however, their effectiveness remains uneven. This paper provides a comprehensive comparative analysis of anti-discrimination laws for transgender persons in India, the United States, the United Kingdom, South Africa, and Argentina. It examines constitutional guarantees, statutory provisions, judicial interpretation, and enforcement practices. Drawing on substantive equality theory and intersectional analysis, the paper argues that legal recognition alone is insufficient without robust enforcement, socioeconomic inclusion, and institutional reform. Using recent scholarly literature and comparative legal methods, the study identifies best practices and persistent structural gaps. It concludes by proposing a model framework for effective transgender-inclusive antidiscrimination law.