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We continue to produce events and special projects while we explore where the on-site journalism goes next. In the decade since, female politicians have fought hard to preserve abortion rights and to promote greater gender equality. Martins also serves as a member of parliament alongside other prominent female MPs from her party, such as sisters Joana and Mariana Mortagua.


Cities, violence and gender: findings and concepts of the 21st century View all 8 Articles. Safe access to public restrooms is an essential need for participation in civic life, in the workplace, in educational settings, and other public spaces. This is no different for transgender people.

However, access to public restrooms according to gender identity has sparked controversy to the extent that transgender people face embarrassment and even expulsion from these spaces.

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The lack of access of the transgender population to public restrooms has a negative impact on the physical and mental health of this population. Thus, this article aims to address the main consequences that the ban on the use of bathrooms has for the transgender population, specifically the access of transgender women to the women's restroom. We understand that the prohibition of access to the restroom constitutes a form of gender violence and discrimination, as we conclude that the arguments that express concerns about safety are not supported.

At the restroom door, the security guard came to me and asked for my documents. So I went into the bathroom with my friend and I suddenly realized that the bathroom was being evacuated.

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I was alone in the bathroom. He sent a cleaning woman into the bathroom and asked everyone to leave. At the timeā€¦ I think that was the biggest humiliation I went through in my whole life and, believe me, I've been quite humiliated.

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Because he treated me as if I were a delinquent, but not just any delinquent, a highly dangerous one, who might risk those people, so dangerous that a public place needed to be evacuated 1 Maria Clara Spinelli 2. Once the door is closed, a white toilet, between 40 and 50 cm height, as if it were a perforated ceramic stool that connects our defecating body to an invisible universal cloaca Preciado, Surveillance, violence, humiliation, embarrassment, trauma, and suffering are everyday actions and affections in the lives of some individuals who need access to public restrooms in Brazil and throughout the world.

Preciado notes that it is when architecture seems to harmlessly serve basic natural needs that a perverse and effective policy of access restriction is established, in which doors, windows, furniture, walls, partitions, exits, and entrances work as a complex apparatus at the service of technologies of gender 3. Just as there is extensive research in Gender Studies regarding the complex network of constraints involving the presence of women in public spaces 4it is urgent to analyze the policy of transphobic spatial segregation that permeates many practices and functions, which has as one of its most violent exclusion and segregation devices in the access to public restrooms.

The language in social practices and subjective relationships actively participates in these exclusion devices. From the of Maria Clara Spinelli, we have a sample of how discrimination operates. Language helps us realize how certain ideological processes materialize, and, in this case, we are facing a very familiar functioning. We ask ourselves: what if they stayed? What if, by staying, they showed the security guard that the only dangerous thing was his prejudiced attitude?

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And that the assumption of a danger and threat say much more about who acts that way and where their desire rests? Maria Clara remembers that the restroom is a public space. Are we really willing to live together? Thisor rather, this outburst, is available on Youtube, which confirms that there is a voice, a face, a body giving life to those words, faltering in the syntax, exposing how disturbing it is to express oneself in a traumatic experience.

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There we have the cynical modesty that forbids the enunciation of the names of the genitalia as a counterpoint to the authoritarian shamelessness to openly incite violence. In our theoretical course, we seek to foster possible dialogues between the field of materialist discourse analysis and feminist and gender studies.

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On the other hand, the political and theoretical work of Feminist and Gender Studies allows the denaturalization of the notion of identity as something pre-discursive, natural and biological, interrogating the ways in which the subjectivity of the gendered subject is historically constructed. From an analytical point of view, our view goes through several enunciative instances legal documents, testimonies, audiovisual productionstaking into the ificant specificities. This gesture seeks to work on the events linked to gender violence in its multiplicity, showing the heterogeneity of the discursive processes, their contradictions, dominances, and resistance movements, without any instance overlapping the other.

Considering the aforementioned, this paper aims to address the controversy over the restriction of restroom use according to gender identity by the transgender population 9specifically by transgender women. We understand that the lack of access or the prohibition of access to restrooms is a type of gender violence that negatively impacts the presence and circulation of transgender people in different social spaces, resulting in segregation and ghettoization of this population. At the same time, we analyze the process that constitute what support such prohibition policies, processes that reinforce historically dominant meanings about masculinity and femininity, and that build the image of a subject-other, upon which meanings of violence particularly sexual violence and animality are projected.

Safe access to public restrooms is a right and a necessity for participation in civic life, in the workplace, in educational settings and other public spaces.

Trans women and public restrooms: the legal discourse and its violence

However, many transgender people are afraid to go to bathrooms, as they are exposed to embarrassment and violence and may even be prevented from accessing them. Therefore, the right to access bathrooms is fundamental to the fight for equality in the transgender community, which is reveal by the many legal cases that dealing with protection against discrimination that refer to this issue Elkind,p.

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Levi and Redmanp. Trans-exclusionary bathroom laws or bills 11 end up giving new meaning to these equipment by targeting its use exclusively to cisgender people, segregating the transgender population as a result. These discriminatory initiatives reverse the burden of crime, by penalizing trans people who assert their right to use social facilities, instead of penalizing the very discriminatory parliamentary practices that intend to legislate for the exclusion and invisibility of this population. They are usually based not only on a definition of sex as a set of physical characteristics seen as immutablebut also on the legal asment of sex registered in a person's first birth record.

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The proposed wording therefore implies that even transgender people who have already managed to rectify their documents could not, in theory, use the bathrooms in accordance with their current official documentation, which denies the right to recognition of civil identity and legal status of transgender people. On the other hand, it is noteworthy that no bathroom law has so far been able to explain how and by whom a person's gender would be effectively verified [ Movement Advancement Project MAP, p.

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This is especially salient for trans-exclusionary laws that are based on a notion of sex as physical or chromosomal anatomy. In this regard, laws that forbid the use of restrooms due to gender identity are impossible to enforce, unless the government is willing to engage in invasive policing of the use of restrooms by its citizens [ Movement Advancement Project MAP, p.

Those surveillance practices necessary for the application of trans-exclusionary bathroom laws are based on the idea that it is evident the determination of someone's access to restrooms through bodily characteristics Beauchamp,p.

This exclusion is based on the basic premise that the fight for rights of transgender people is antagonistic with the rights of cisgender women.

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It is not by chance that several trans-exclusionary radical feminists advocate positions favorable to the exclusion of trans women from women's bathrooms. According to Jones and Slaterp.

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Some authors consider a distinction, although slight, between transphobia and cissexism. While transphobia, for Seranoimplies fear or aversion, broadly, to all identities, expressions, appearances, and behaviors related to gender that deviate from social norms, cissexism is based, more specifically, on the belief that the gender identities of transgender people are inferior or less authentic than the identities of cisgender people.

Kaason the other hand, understands that transphobia refers more usually to the most obvious and ostentatious examples of discrimination and violence against transgender people, while cissexism relates to discourses and practices that invalidate transgender identities in a subtler or veiled way.

Free access to the bathroom without the fear of being embarrassed or expelled due to one's gender identity can be described as a form of cisgender privilege.

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The condition of invulnerability to misgendering 14 is, in general, a cisgender privilege. We assume that the laws, measures, and positions that support the prohibition of transgender people accessing bathrooms according to their gender identities are expressions of hostility and discrimination 15 against this group. As Machado n. The journalist also points out that failing to go to the bathroom when necessary is one of the risk factors for urinary tract infection, which can affect the bladder, ureters, urethra, and kidneys.

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The lack of safe access to bathrooms by transgender people is also associated with mental health problems, conditions related to stress, and increased levels of suicidal thoughts and behavior Herman, The binary conception of gender that underlies the spaces segregated by gender ignores or marginalizes those people who do not fit the norms of gender expression, whether they are transgender or cisgender. Kogan understands that the very binary division of bathrooms between male and female impacts on the way bodies and gender identities are interpreted, as this division is seen as the unquestionable evidence that human bodies can only be male or female.

Thus, bodies that do not easily fit into this binary classification are considered unacceptable and can be ordered to leave those places.

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Black transgender people showed higher rates of exclusion and embarrassment in bathrooms than white transgender people Herman,which indicates that the fight for the right to access the public bathrooms must also consider race and class Patel, Bathrooms segregated by gender implicitly shows that there are only two possible forms of gender expression and, therefore, restrict public acceptance of transgender individuals who defy social norms Rudin et al.

On the other hand, the heightened and recent debate on the use of restrooms by transgender people is also seen with surprise, considering that transgender people have already used public bathrooms for countless years without other people noticing them. But the question here is not only related to the historical existence of trans individuals in society, but to the fact that in the current conditions of production, the conditions of existence, permanence, and circulation of such individuals in the public space go beyond the everyday conversations, and public and private institutions debates.

When we turn to the current political scenario in Brazil, we know that the discussion about sexuality and gender goes beyond the walls of epistemological productions and disputes over identifications that have marked the theoretical and activist field in gender and Queer studies cf.

As a result, the agency recommends that all workers, including transgender workers, should be able to access bathrooms that match their gender identities.

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However, in the United States, measures that protect access to the bathroom by transgender people vary by state, and there is no federal law associated [ Movement Advancement Project MAP]. The controversies generated by the use of restrooms by transgender people have unfortunately been used for some employers to fire transgender employees particularly those who start their gender transitions after being employed or to avoid hiring them, aggravating discrimination, and social exclusion.

A survey James et al. Rios and Resadorip. On the other hand, transsexual and transvestite women have also won victories in their claims for moral damages due to the restriction of using women's bathroom, showing that these decisions still diverge in the Brazilian courts. Carvalho Filho is surprised before Minister Fux's argument, because, according to the author, there is no glimpse of reason in an eventual moral disagreement in view of the inexistence of a plurality of constitutionally legitimate options in the case under analysis.

The absence of a determination by the Supreme Court of Brazil on this issue allows for municipal laws to be passed aimed at forbidding the use of restrooms by transgender people according to their gender identities, such as Law No. Despite the absence of a comprehensive and nationwide resolution, it is noteworthy that Resolution No. This ordinance includes service users, members, employees, interns, and outsourced workers under the MPU Brasil, On October 14,the Attorney General's Office AGU sent an appeal embargoes of declaration to the Supreme Court of Brazil to clarify points of the trial that framed homophobia and transphobia within the racism law.

Paulo, According to Amparo Folha de S. Paulo,the federal government intends to expand exceptions to the criminalization of homophobia and transphobia. In the USA, most trans-exclusionary bathroom bills are not approved, with the notable exception, for example, of the House Bill 2 HB2 in in North Carolina, which determined that individuals should use the bathroom that corresponded to the sex originally ased on their birth certificates in this state.

This law was a response to a regulation ordinance in the city of Charlotte that had established anti-discrimination measures that included using the bathroom according to gender identity. InHB2 was revoked by House Billwhich, however, also vetoes local governments to approve anti-discrimination measures for the use of bathrooms until December 1, Barnett et al.

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