Beyond symmetrical binaries: The emergence of the constitutional recognition of transgender persons in Zimbabwe with reference to Nathanson v Mteliso & Others

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.