A transgender woman in China has made history by winning a record-breaking payout of 60,000 yuan (Rs 6,92,637) after being subjected to involuntary electroshock treatment in a psychiatric hospital. According to the Guardian, the Changli County People's Court in Qinhuangdao, Hebei, awarded the amount to Ling'er, a 28-year-old performance artist and transgender woman. Born male but identifying as female, Ling'er's case marked a significant milestone in the country's recognition of LGBTQ+ right
Ling'er expressed hope that her case—the first in China where a transgender individual successfully challenged electroshock conversion practices—would inspire others in the LGBTQ+ community to address medical disputes and safeguard their rights. ''In China, the situation for transgender people is not very optimistic. There's a lack of protection for this group," she said.
Her harrowing experience began in July 2022 when she was involuntarily admitted to Qinhuangdao City Fifth Hospital. Having come out as transgender to her parents the previous year, she faced strong opposition, with her family dismissing her gender identity as a sign of mental instability. Consequently, they committed her to a psychiatric facility.
During her stay at the hospital, the staff misdiagnosed Ling'er with "anxiety disorder and discordant sexual orientation", despite her identifying as heterosexual. Ling'er endured 97 days of hospitalisation and was subjected to seven sessions of electroshock therapy during her stay.
"It caused serious damage to my body. Every time I underwent the treatment, I would faint … I didn't agree to it, but I had no choice. The hospital tried to ‘correct me', to make me conform to society's expectations," Ling'er said.
The electroshock treatments caused ongoing heart problems which require medication. Determined to seek justice, she filed a lawsuit against the hospital which reached the courts. She argued that her rights had been violated by the treatments. Under China's mental health law, individuals can only be subjected to psychiatric treatment against their will if they pose a danger to themselves or others.
Darius Longarino, a research scholar at Yale Law School who focuses on Chinese law and civil society, said doctors who administered medicines or used electroshock practices to "convert" gay or trans people were "using intrusive, harmful treatments in order to treat something that should not be diagnosed in the first place".
LGBTQ+ activists hailed the decision as a breakthrough, paving the way for greater inclusivity and acceptance.
This case isn't the first time a Chinese court has ruled in favour of a transgender individual. In 2020, a Beijing court ruled that e-commerce company Dangdang should reinstate a transgender woman's contract and provide full back pay after she was fired for taking leave for sex reassignment surgery. The court also emphasised the importance of respecting the woman's gender identity and providing access to the women's bathroom.
