Transgender Women & Non-Binary People Report Being Barred From Leaving Ukraine

Transgender Women & Non-Binary People Report Being Barred From Leaving Ukraine
Source: Tommaso Ripani via Unsplash

22-03-2022

Margareta Ana Baksa

Europe Team and Human Rights Researcher 

Global Human Rights Defence. 

On February 24th, the first day of Russia’s invasion of Ukraine, Ukrainian President Volodymyr Zelenskyy signed a decree prohibiting all men between the ages of 18 and 60 from leaving the country so they could contribute to the defence of Ukraine. Transgender women and non-binary people are now reporting being barred from leaving along with other people displaced by the conflict.  

Border guards decide whether someone is allowed to leave Ukraine based on the gender markers on the individual’s identification documents. For many trans and non-binary people with male gender markers, this means having to return to a war zone. In Ukraine, those who want to change their gender markers on official documents have to go through a lengthy and difficult process beforehand, including psychiatric observation and irreversible medical intervention. 

Still, even those who have gone through this process and now have the correct gender markers on their official documentation may be prohibited from leaving the country. One transgender woman with valid documentation was barred from crossing the border into Poland: 

“one of the guards said, ‘you’re a guy, so get the hell out of here’, and told me I should be grateful they didn’t call the police, even though I have a legally valid document that states I am female.” [1]  

Some do not even attempt to flee Ukraine; some decide to stay and fight the Russian invaders, while some are afraid of leaving their homes for neighbouring countries and facing violence or discrimination because of their identity. Poland and Hungary, two countries where most displaced persons first arrive, can both be extremely hostile environments for members of the LGBTQ+ community. Many transgender and non-binary people now find themselves at an impasse, having to decide between staying in an active war zone or attempting to leave and running the risk of further discrimination.  




[1] Tondo, L. (2022, March 22). ‘I will not be held prisoner’: the trans women turned back at Ukraine’s borders. The Guardian

https://www.theguardian.com/global-development/2022/mar/22/i-will-not-be-held-prisoner-the-trans-women-turned-back-at-ukraines-borders 



Sources and further reading

Anarte, E. (2022, March 4). Trans and non-binary people trapped in war-torn Ukraine. Thomson Reuters Foundation News

https://news.trust.org/item/20220304182133-8fjhu 

Berjikian, C. (2022, March 22). ‘Lawful transphobia’ stopping Ukraine’s trans community from fleeing. Euronews. https://www.euronews.com/2022/03/22/lawful-transphobia-stopping-ukraine-s-trans-community-from-fleeing 

Carlisle, M. (2022, March 10). After Fleeing Ukraine, LGBTQ Refugees Search for Safety in Countries Hostile to Their Rights. Time

https://time.com/6156672/lgbtq-ukraine-refugees-russia/ 

Charlish, A. & Grulovic, F. (2022, February 25). Thousands flee Ukraine into EU, men told to stay and fight. Reuters. https://www.reuters.com/world/europe/we-pray-ukraine-people-flee-war-into-central-europe-2022-02-25/ 

Tondo, L. (2022, March 22). ‘I will not be held prisoner’: the trans women turned back at Ukraine’s borders. The Guardian

https://www.theguardian.com/global-development/2022/mar/22/i-will-not-be-held-prisoner-the-trans-women-turned-back-at-ukraines-borders