What is a woman? A court decision that can affect the entire world

       The court also ordered the social media app to pay Roxane 10,000 Australian dollars as a fine.

Sofia Betiza

Position, BBC World Service

In 2021, Roxanne Tikal downloaded a social media app called 'Giggle for Girls' where men were completely banned and women could share their experiences with other women in a safe environment.

But Roxanne, a transgender woman based in Australia, was denied access to the app and was told she was a man.

Roxanne filed a lawsuit against this discrimination in an Australian court, and for the first time, a decision came out that said what is a woman?

Roxanne has won the case against 'Giggle Four Girls'. In its ruling, the Australian court wrote that while Roxane was not directly discriminated against, she must have been indirectly affected by it.

The court also ordered the social media app to pay Roxane 10,000 Australian dollars as a fine.

When an Australian woman downloaded the app to her mobile phone in 2021, she had to upload a selfie to prove she was a woman to gain full access to the app.

The app's software detects whether the account creator is male by looking at the images.

Roxanne managed to create an account there, but after about seven months, the social media app suspended her membership.

Roxanne identifies as a woman and claims that she is legally entitled to all the facilities that other women enjoy. That is why they approached the court against this discrimination.

He sued the social media platform and its chief executive officer (CEO) Sal Grover for A$200,000 in damages, saying Sal Grover's misidentification of gender caused him 'constant anxiety'. And on occasion, he had suicidal thoughts.'

"Grover's public statements regarding me and this case are troubling, demoralizing, embarrassing and hurtful," Roczen said in an affidavit filed in court.

"Because of this, other people also made hateful comments against me online and indirectly incited others to do the same," he added.

During the court proceedings, the legal team of 'Giggle Four Girls' said in their defense that gender is a natural or biological matter.

But in his ruling on Friday, Justice Robert Bromwich said that under the law "sex can be changed and there are not necessarily only two types of sex."

He rejected the arguments of the social media app.

Roczen says the court decision "shows that all women are protected against sexual discrimination," and she hopes the case will serve as a salve for transgender people.

Reacting to the court decision, Grover, the CEO of the social media app, wrote that 'Unfortunately, the decision came as we expected. The fight for women's rights will continue.

The case, known as 'Tickle vs. Giggle', is the first case in which allegations of alleged discrimination based on sexual identity have been heard by the Federal Court of Australia.

"I was always treated as a woman by everyone," says Roczen.

'Everybody treated me like a lady'

She was born a male but later changed her gender and is now living as a female since 2017.

Explaining her position in the court, Roksin said that 'till now, everyone treated me as a woman.'

He further said that from time to time he has to face questioning looks but no one interferes in my life.

But Grover believes that no human can change their gender.

During questioning in court, Roxanne's lawyer, Georgina Costello, told Grover: 'When a person born male transforms themselves into a woman through surgery, getting rid of facial hair, facial markings. Change, grow hair, use make-up, wear women's clothing, introduce themselves as women, use women's restrooms and even change their birth certificates. Karvalita is, even then you don't recognize her as a woman?'

Grover replied, 'No.'

Not only that, Grover also refused to address Roxanne as 'Miss' in court and said that 'Roxanne is biologically male.'

                                    Grover also refused to address Roxanne as 'Miss' in court

Grover is among those who hold anti-transgender views.

"I'm being taken to federal court by a man who claims to be a woman because he has to use an app I made that was only made for women," she wrote in her social media post. '

Gururo says she created the social media platform 'Giggle for Girls' in 2020 because she was bullied by men on social media when she was working as a screenwriter in Hollywood in the past. .

"I wanted to create a safe environment, a place for women that is in the palm of your hand."

Grover further said, “It is a legal fiction that Roxanne is a woman. The gender in their birth certificate was changed from male to female but they are naturally male and will always be male.

"We are taking steps to protect all these platforms which are not only made for women but based on reality and truth and this should be reflected in the law as well."

She also said that she will file an appeal against the court's decision and fight the case in the High Court of Australia.

Legal precedent

The decision handed down by the Australian court may become a legal precedent for gender identity and sexual rights in other countries.

A study of the Convention on the Elimination of Discrimination Against Women (CEDAW) is also necessary to understand this decision. In 1979, the United Nations adopted this resolution, which is also known as the Universal Bill of Rights for Women.

The legal team for Giggle Four Girls argued in their defense that the implementation of CEDAW in Australia made the government responsible for protecting women's rights, including protecting a single-sex space. It includes

The ruling in Roxane's favor could serve as a precedent for the 189 countries that have implemented CEDA, from Brazil to India and South Africa.

When it comes to explaining the meaning of international resolutions or agreements, the courts of most countries take into account that other countries are following these resolutions or agreements in some way.

The decision handed down in Australia has received a lot of attention in the media and its consequences can be seen at the global level.

Related Topics

#Women #Women's rights #Australia