Eliana Rubashkyn
Eliana Rubashkyn
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Eliana Rubashkyn

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Eliana Rubashkyn

Eliana Rubashkyn (born 25 June 1988) is a Colombian-born New Zealand pharmacist, chemist, and human rights advocate, known for her work at the intersection of science, public health, and international law. She became the first intersex and transgender person assigned male at birth to be legally recognised as a woman under a mechanism of the United Nations refugee protection system, without undergoing gender-affirming surgery. Her landmark case helped establish precedent for gender identity recognition under the 1951 Refugee Convention.

Rubashkyn was detained in Hong Kong International Airport in 2012 after discrepancies between her gender identity and official documents led to her being denied entry. She subsequently spent over a year stateless and held in detention and asylum facilities across Hong Kong, facing discrimination and mistreatment. With the assistance of Amnesty International and UNHCR, she was eventually resettled in New Zealand in 2014, where she was granted full citizenship in 2018.

In parallel with her activism, Rubashkyn has published research on respiratory aerosol dynamics, public health, and harm reduction science, including co-authored peer-reviewed studies on vaping and COVID-19 aerosol transmission. Her work has been cited in international policy discussions on pandemic preparedness and nicotine regulation.

She has held roles with ILGA World and Intersex Asia, working on global strategies to advance bodily autonomy, gender recognition, and access to life-saving medicines for intersex and LGBTIQ+ communities. In 2023, Rubashkyn was involved in a counter-protest during an anti-trans rally in Auckland, during which she threw tomato juice on British activist Kellie-Jay Keen-Minshull. She pleaded guilty and was convicted and discharged, serving no prison time.

Rubashkyn was born in Colombia to a Ukrainian mother who had moved there in the 1970s.

She has described her heritage as a convergence of Eastern European, Jewish, Soviet, Indigenous Muisca. Her mother, Tamara Vyacheslavovna Rubashkina, was a Soviet-trained pediatrician and daughter of Lida Rubashkina, a World War II nurse, and Vyacheslav Rubashkin, a decorated Russian-Jewish veteran of the Battle of Stalingrad who participated in the liberation of several concentration camps in Eastern Europe.

She was born with the intersex condition of partial androgen insensitivity syndrome and was assigned male at birth.

In 2011, Rubashkyn obtained her degree in pharmacy and chemistry at the National University of Colombia, and speaks five languages fluently. After studying molecular biology in the University of Granada, she was granted a scholarship to develop postgraduate studies in public health at the Taipei Medical University, and at the same time started her transition and gender-affirming care in Taiwan. Rubashkyn identified that being stabbed in Colombia was catalyst for her decision to seek higher education elsewhere.

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