跨性別運動倡導「性別權」’本文試圖從Martha Nussbaum的能 力取向出發，提供性別權的理論基礎。本文提出性別作為人類核心能 力，由此導衍出性別權與變性自主權。由此本文進一步論證，變性手 術不應該透過「疾病認定一醫療保險」的途徑來資助，而應該得到類 似一般社會福利的資助。最後，我嘗試從本文發展出來的觀點來討論 變性政治中的一些爭議，並試圖回應女性主義對於變性手術與變性觀念的質疑。

This essay argues for the position that gender(ing) is a socio-historically bound “central human capability” (a concept developed by Martha Nussbaum’s capability approach). In other words, the capability of gendering exists only in a gendered society. The functioning of this gender(ing) capability, meaning the realization of one’s gender to achieve a dignified life, could be hampered by for example the binary gender system. From the viewpoint of this version of capability approach, the right to realize one’s gendering capability is a basic human right that confers in general the gender right that the transgender movement and gender minorities demand, the transsexual’s right to SRS in particular. Furthermore, the whole or partial operation fee should be paid by social service or welfare for those transsexuals who need SRS in order to make their gender capability function at all, analogous to the situation in which social service and welfare should be provided for the physically disabled to make their bodily capability function (such as moving around). This justification of public funding of SRS no longer requires GID for insurance purpose, which many think is its only redeeming value. Finally, I will touch upon some issues raised by the reconciliatory stance (towards the discordance between transsexualism and queer activism) of this paper in the gender politics of transsexuality, such as, the role of state/medical power and the knowledge-production of social work in constructing and disciplining the “qualified” transsexuals, the feminist questioning of the very concept of transsexuality and objection to SRS, and the sexuality issue of transsexuality.