Born: 1988 (Colombia)
Biography:
Eliana Rubashkyn (born 25 June 1988) is a New Zealand pharmacist and chemist, known for being the first intersex person assigned male at birth legally recognized as a woman with a UN mechanism under the international refugee statute. Born in Colombia, Rubashkyn was formerly stateless. She currently works as a program officer at ILGA world and as a harm reduction scientist developing human rights campaigns of support addressed to LGBTI asylum seekers, refugees, and intersex persons around the world. Rubashkyn’s gender was recognized under the United Nations’ 1951 Convention relating to the Status of Refugees.
Rubashkyn’s case attracted international media and legal attention after her mistreatment following her detention at Hong Kong International Airport because of the incongruence between her gender identity and her passport photo, resulting in several years of statelessness in Hong Kong and inhumane reclusion into several refuge centers across Yuen Long. Despite these challenges, Rubashkyn maintained her resilience and fought for her rights.
Rubashkyn was born in Colombia to a Ukrainian Jewish mother who had moved there in the 1970s. She was born with the intersex condition of partial androgen insensitivity syndrome and was assigned male at birth. Despite the difficulties she faced, Rubashkyn demonstrated a strong determination for education. In 2011, she obtained her degree in pharmacy and chemistry at the National University of Colombia, showcasing her academic aptitude. She is fluent in five languages, highlighting her dedication to broadening her understanding of the world.
After studying molecular biology at the University of Granada, Rubashkyn was granted a scholarship to pursue postgraduate studies in public health at Taipei Medical University. It was during this time that she also commenced her gender transition in Taiwan. Rubashkyn’s decision to seek higher education and undergo gender transition was catalyzed by a traumatic incident in Colombia where she was stabbed.
Within a year of starting hormone replacement therapy, Rubashkyn’s physical appearance changed significantly due to her intersex condition. However, when she traveled to Hong Kong to update her passport at the closest Colombian consulate, she was detained at Hong Kong International Airport’s immigration facility. This marked the beginning of an arduous journey for Rubashkyn as she endured over eight months of detention in several centers due to her ambiguous legal status. During this time, she faced abusive mistreatment, constant sexual abuse, and harassment in these reclusion centers. Rubashkyn’s resilience shone through even in the face of such adversity.
Rubashkyn’s battle for recognition eventually led her to seek asylum in New Zealand where she arrived as a refugee in 2014. She was granted New Zealand citizenship in 2018, solidifying her place in her chosen home country. Despite the challenges she faced along her journey, Rubashkyn continued to advocate for the rights of the LGBTQI+ community, particularly focusing on the protection of asylum seekers, refugees, and intersex persons. Her work as a program officer at ILGA world and as a harm reduction scientist demonstrates her commitment to creating a more inclusive and just world.