Inclusion Beyond Advocacy: Reflections on Allyship, Law, and the Right to Exist with Dignity

By MNA Rehan, Advocate

“I should be fine; I have a strong bladder.”

These are not words of casual discomfort — they are a shield, a coping mechanism, a survival strategy. When I read Patrick McCann’s post and his recounting of a walk with a brilliant, dignified trans-woman navigating the invisible landmines of public life in the UK, I was both moved and jolted.

Moved by the courage it takes to live with quiet strength. Jolted by the realization that, even in 2025, dignity for many remains conditional — conditional on "passing," on "keeping silent," on "holding it in."

Silence Is No Longer Neutral

I am a cisgender male lawyer practicing in Pakistan[i]. I have never had to worry about whether I will be physically assaulted for walking into a restroom, or psychologically destabilized by the fear of being stared at, misgendered, or reported. The facilities I use, the professional spaces I enter, the systems I navigate — they were designed with people like me in mind. I have never had to ask for permission to exist.

This is precisely why I must speak.

As lawyers, we are often taught to argue from precedent and interpret from statute. But before we are legal professionals, we are human beings. Our silence, when faced with systemic exclusion or targeted discrimination, is not neutral. It quietly sides with oppression.

Patrick McCann’s friend’s experience in the UK — having to calculate the “least dangerous” way to use a toilet — is not a foreign or isolated occurrence. Transgender individuals across the globe, including in Pakistan, face similar humiliations, often far worse. From being denied identity documents to being profiled or harassed in public spaces, the law has not always been on their side. That must change.

Inclusivity Is Not Optional — It Is a Constitutional Imperative

In Pakistan, Article 25 of the Constitution guarantees equality of all citizens and prohibits discrimination based on sex. The Supreme Court of Pakistan, in its numerous rulings has recognized the rights of transgender persons to identify as per their gender identity, to vote, to inherit, and to live with dignity.

But legal recognition must translate into social acceptance, and that can only happen when the dominant voices in society — those with professional platforms and societal influence — actively speak up.

Restrooms as a Legal Battlefield: The Hidden Discrimination

To some, the debate about restrooms might seem trivial. To those living it, it is everything. (Log in or sign up to view)

When a trans-woman is forced to:

·         Risk physical harm by entering a male restroom,

·         Be psychologically terrorized by confrontations in a female restroom,

·         Use disabled facilities and feel like a burden,

·         Or enter a “third space” and involuntarily out herself,

We are not talking about preferences. We are talking about human rights — the right to safety, to dignity, to bodily autonomy.

The notion that such basic acts of life could be criminalized — or morally policed — is in direct violation of international human rights standards, including the Yogyakarta Principles and the Universal Declaration of Human Rights.

The Lawyer’s Role: Beyond Courtrooms

As legal professionals, our duty to uphold justice does not end at the courtroom steps. We must advocate for:

·         Gender-inclusive policies in workplaces and public institutions

·         Legal reforms that protect gender minorities from harassment and criminalization

·         Safe reporting mechanisms for trans and non-binary individuals

·         Education campaigns to normalize gender diversity

We must also challenge the subtle, everyday acts of exclusion — not just overt discrimination.

A Personal Note on Allyship

I do not claim to have lived this experience. But I do claim a responsibility. I believe in justice, and justice that excludes some is not justice at all. I believe that every person — trans, cis, non-binary — deserves access, affirmation, and autonomy.

Inclusivity is not merely about policies. It is about presence. About walking beside those made to feel invisible and telling them: I see you. I stand with you. I will not be silent.

About the Author:

MNA Rehan is an Advocate of the High Court in Pakistan, with over two decades of experience in litigation, legal consultancy, and regulatory reform. He is a vocal proponent of inclusive legal systems and regularly writes on matters of law, identity, and social justice through his professional newsletter “Supreme Insights.”

[i] Footnotes

1. The term "cisgender" (often shortened to "cis") describes individuals whose gender identity aligns with the sex they were assigned at birth. For example, a person assigned male at birth who identifies as a man is considered a cisgender male. The prefix "cis-" originates from Latin, meaning "on this side of," contrasting with "trans-" meaning "across" or "on the other side of." The term was coined in the 1990s to provide a neutral descriptor for non-transgender individuals, promoting inclusivity and precision in discussions about gender identity.