CHAPTER 2 DOMESTIC LEGAL FRAMEWORKS AND INTERNATIONAL HUMAN RIGHTS FRAMEWORKS DOMESTIC LEGAL FRAMEWORKS 29. The design of laws, policies and practices of most states are often based on heteronormativity41. There are many issues that have been raised by transgender groups which relates to violation of human rights, including, among others, arbitrary and violent arrests by the enforcement authorities and denial of employment due to their gender identity and gender expression. However, in the eyes of the state and partly of society, the discrimination is insignificant since transgender persons are not recognised as a legitimate part of the society due the prevalence of heteronormativity. Moreover, the existing discriminatory laws and policies further support the act of the state to prosecute the transgender person. They are widely criticized for their experience42 and accused of being morally wrong in practicing unacceptable behaviour which are against the religious and cultural norms. Hence, this alienation could affect or limit their access to fundamental rights. 30. In this chapter, observations will be made on several domestic legal frameworks followed by related international human rights framework. The Federal Constitution of Malaysia 31. The Human Rights Commission Act 1999 provides the definition of “human rights” referring to the fundamental liberties as enshrined in Part II of the Federal Constitution43 and due regard shall be had to the Universal Declaration of Human Rights 1948 to the extent that it is not inconsistent with the Federal Constitution44. Therefore, human rights are protected as intended by the Federal Constitution which could be seen in the Article 5 – 13 touching on liberty of the person, prohibition of slavery and forced labour, protection against retrospective criminal laws and repeated trials, equality, prohibition of banishment and freedom of movement, freedom of speech, assembly and association, rights in respect of education and rights to property respectively. 32. The arguments on the rights of transgender is narrated by the above-mentioned rights especially Article 5 of the Federal Constitution which provides that “no person shall be deprived of his life or personal liberty in accordance with law”. 41 http://www.yourdictionary.com/heteronormativity accessed on 16 November 2017, heteronormativity means: is the view that all human beings are either male or female, both in sex and in gender, and that sexual and romantic thoughts and relations are normal only when between people of different sexes. 42 Same sex intercourse, cross dressing and undergone for gender re-assignment surgeries 43 Section 2 of Human Rights Commission Act 1999 44 Section 4 (4) of Human Rights Commission Act 1999 18 | Report On Transgender Persons In KL And Selangor