scholarly journals The Aftermath of Human Rights Protections: Gender Identity, Gender Expression, and the Socio-Legal Regulation of School Boards

2020 ◽  
Vol 35 (2) ◽  
pp. 245-268
Author(s):  
Kyle Kirkup ◽  
Lee Airton ◽  
Allison McMillan ◽  
Jacob DesRochers
Keyword(s):  
Human Rights ◽  
Gender Identity ◽  
School Boards ◽  
English Language ◽  
Legal Regulation ◽  
Policy And Practice ◽  
Gender Expression ◽  
Everyday Practices ◽  
And Gender

AbstractBetween 2002 and 2017, Canadian lawmakers sought to redress the pervasive levels of discrimination, harassment, and violence experienced by transgender and/or non-binary people by adding the terms “gender identity” and/or “gender expression” to federal, provincial, and territorial human rights instruments. This paper tracks the complex, iterative ways in which antidiscrimination protections are brought to life outside courts and tribunals. Using Ontario’s publicly-funded English language secular school boards as a case study, we examine how the introduction of explicit human rights protections on the basis of “gender identity” and “gender expression” in 2012 worked to produce a series of responses across the education sector. Given that “gender identity” and “gender expression” remain legally undefined terms in the Ontario Human Rights Code, and only provisionally defined by Ontario Human Rights Commission (OHRC) policy, we argue that school boards constitute important actors engaged in constructing the meanings of these terms in policy and practice. In decentering courts and tribunals in our analysis, we aim to uncover the everyday practices of parallel norm-making taking place in the education context. These everyday practices shape how we collectively understand the meaning of “gender identity” and “gender expression.” By carefully tracking these post-legislative developments, which rarely make their way into reported decisions, we suggest that human rights law reforms might open up space for the emergence of norms that allow people to do gender in a variety of ways.

11. Sexual Orientation, Gender Identity, and Human Rights

2016 ◽  
Author(s):  
Christine (Cricket) Keating ◽  
Cynthia Burack
Keyword(s):  
Human Rights ◽  
Sexual Orientation ◽  
Civil Society ◽  
Gender Identity ◽  
Interpersonal Violence ◽  
Important Development ◽  
Queer People ◽  
And Gender ◽  
Rights Issues

This chapter examines the issue of the human rights of lesbian, gay, bisexual, transgender, intersex, and queer people (LGBTI). In recent years, LGBTI groups have used the language and frameworks of human rights to organize against state, civil society, religious, and interpersonal violence and discrimination. The broadening of the human rights framework to address issues of sexual orientation and gender identity (SOGI) has been an important development in both the human rights and the LGBTI movements. The chapter begins with a discussion of SOGI rights as human rights, focusing on questions such as the central human rights issues for LGBTI people; how these groups have organized to address these challenges through a human rights framework; and the challenges faced by LGBTI human rights advocates and what successes they have had. It also considers critiques of SOGI human rights activism and concludes with a case study of Uganda's Anti-Homosexuality Bill.

Welcoming gender diversity in the early years: Interpreting professional guiding documents for gender-expansive practice

2020 ◽  
pp. 146394912097852
Author(s):  
Kristy Timmons ◽  
Lee Airton
Keyword(s):  
Human Rights ◽  
Early Childhood ◽  
Early Childhood Education ◽  
Gender Identity ◽  
Gender Diversity ◽  
Early Years ◽  
Human Rights Protection ◽  
Childhood Education ◽  
Gender Expression ◽  
And Gender

This research takes up the challenge of interpreting the two newest grounds of human rights protection across Canada – gender identity and gender expression – for professional practice in early childhood education. To date, no human rights tribunal ruling on these grounds has engaged early childhood education, and while the legal duty remains for early childhood educators to provide an environment free of gender-identity and gender-expression discrimination, the Ontario profession’s governing bodies have provided no explicit guidance as to how. This research bridges early years educators’ new and likely unfamiliar legal responsibilities in relation to both grounds and everyday life in early years contexts. The findings demonstrate that ample support exists within the profession’s key guiding documents for ‘gender-expansive’ practice, or an approach to teaching children and supporting their development that both expects and sustains gender diversity. A similar analysis of guiding documents is needed internationally.

State Obligations in Relation to Gender Identity and Rights of Same-Sex Couples

2021 ◽  
Vol 194 ◽  
pp. 277-462
Keyword(s):  
Human Rights ◽  
Gender Identity ◽  
Family Life ◽  
Same Sex ◽  
Content Type ◽  
Name Change ◽  
Same Sex Couples ◽  
State Obligations ◽  
Administrative Procedures ◽  
And Gender

277Human rights — Gender identity — Rights of same-sex couples — State obligations concerning recognition of gender identity and rights of same-sex couples — American Convention on Human Rights, 1969 — Right to equality and non-discrimination of lesbian, gay, bisexual, transgender and intersex (LGBTI) persons — Article 1(1) of American Convention on Human Rights, 1969 — Whether sexual orientation and gender identity protected categories under Article 1(1) — Right to gender identity — Right to a name — Whether States under obligation to facilitate name change based on gender identity — Whether failure to establish administrative procedures for name change violating American Convention on Human Rights, 1969 — Whether name change procedure under Article 54 of Civil Code of Costa Rica complying with American Convention on Human Rights, 1969 — Right to equality and non-discrimination — Right to protection of private and family life — Right to family — Whether States obliged to recognize patrimonial rights arising from a same-sex relationship — Whether States required to establish legal institution to regulate same-sex relationshipsInternational tribunals — Jurisdiction — Inter-American Court of Human Rights — Advisory jurisdiction — Whether advisory jurisdiction restricted by related petitions before Inter-American Commission on Human Rights — Admissibility — Whether request meeting formal and substantive requirements — Whether Court having jurisdiction

scholarly journals Far Beyond the Gay Village: LGBTQ Urbanism and Generation in Montréal’s Mile End

2021 ◽  
pp. 289-306
Author(s):  
Julie A. Podmore
Keyword(s):  
Young Adult ◽  
Social Class ◽  
Gender Identity ◽  
Inner City ◽  
Urban Space ◽  
Qualitative Case Study ◽  
And Gender ◽  
The Relationship

AbstractResearch on LGBTQ neighbourhood formation in the urban West suggests that new patterns of community and identity are reshaping the queer inner-city and its geographies. As gay village districts “decline” or are “de-gayed” and new generations “dis-identify” with the urban ideals that once informed their production, LGBTQ subcultures are producing varied alternatives in other inner-city neighbourhoods. Beyond the contours of ethno-racialization and social class, generational interpretations of LGBTQ urbanism—subcultural ideals regarding the relationship between sexual and gender identity and its expression in urban space—are central to the production of such new inner-city LGBTQ subcultural sites. This chapter provides a qualitative case study Montréal’s of Mile End, an inner-city neighbourhood that, by the early 2010s, was touted as the centre of the city’s emerging queer subculture. Drawing on a sample of young-adult (22 to 30 years) LGBTQ-identified Mile Enders (n = 40), it examines generational shifts in perceptions of sexual and gender identity, queer community and neighbourhoods. The chapter concludes with a discussion of the implications of queer Mile End for theorizing the contemporary queer inner-city.

scholarly journals THE PECULIARITIES OF IMPLEMENTATION OF GENDER POLICY IN SECURITY AND DEFENSE SPHERES ON THE EXAMPLE OF UN AND NATO

2020 ◽  
Author(s):  
Iryna Klymchuk ◽  
◽  
Olena Shtraikher ◽  
Keyword(s):  
Human Rights ◽  
Gender Equality ◽  
Violence Against Women ◽  
Legal Regulation ◽  
Special Rapporteur ◽  
Gender Policy ◽  
Un Security Council ◽  
Peace And Security ◽  
Women And Girls ◽  
And Gender

The study examines the peculiarities of the implementation of gender policy in the field of security and defense by the example of the UN and NATO. To achieve this goal, we considered the legal regulation of gender equality in the field of security and defense of the UN and NATO; analyzed the work of institutional mechanisms for the implementation of gender policy in the field of security and defense by the example of the UN and NATO; characterized the peculiarities of cooperation between Ukraine, the UN and NATO in ensuring gender equality in the field of security and defense. The legal regulation of gender equality at the UN and NATO levels was considered, in particular a number of resolutions (UN Security Council Resolutions on Women, Peace and Security No. 1325, No. 1820, No. 1888, No. 1889, No. 1960, No. 2106, No. 2122, No. 2422, No. 2467, No. 2493), which recognizes the importance of involving women and gender mainstreaming in peace negotiations, humanitarian planning, peacekeeping, post-conflict peacebuilding, governance, and equal participation of women at all levels of conflict prevention or protection from sexual violence. Also the authors analyzed the work of institutional mechanisms responsible for the implementation of gender policy of the UN and NATO, in particular, their expertise and scope of activities. It was clarified that the following persons responsible for the implementation of UN Security Council Resolutions in NATO: Special Representative of the Secretary-General for Women, Peace and Security; NATO Gender Office; Gender Adviser at the International Military Staff; a number of advisory committees and working groups led by NATO Strategic Command; Civil Society Advisory Council on Women, Peace and Security. At the same time, the UN has seven expert institutions and regional independent human rights experts to combat discrimination and gender-based violence against women and girls: UN Special Rapporteur on Violence against Women; UN Committee on the Elimination of Discrimination against Women; UN Working Group on Discrimination against Women and Girls; Committee of Experts on the Follow-up Mechanism to the Belem-Par Convention; Expert Group on Combating Violence against Women and Domestic Violence; Special Rapporteur on Human Rights in Africa of the African Commission on Human Rights; Human Rights Rapporteur. In addition, a number of sub-organizations and programs have been established at the UN level to achieve gender equality in all spheres of life, such as the United Nations Development Program (UNDP), the HeForShe IMPACT 10x10x10 movement and the UN-Women. Aspects of Ukraine's cooperation with the UN and NATO in ensuring gender equality in the field of security and defense are highlighted separately. The importance and effectiveness of cooperation between Ukraine and the Alliance during the war in Eastern Ukraine have been established. The support by the UN of Ukraine in fulfilling the obligations within the international regulatory framework on the introduction of gender equality and women’s rights was also analyzed.

El proyecto de ley de identidad de género. Una aproximación a sus disposiciones y fundamentos. / The bill gender identity. An approach to its provisions and foundations.

2015 ◽  
Vol 4 (07) ◽  
pp. 180-202
Author(s):  
Sebastián Del Pino Rubio ◽  
Valentina Verbal Stockmeyer
Keyword(s):  
Sexual Orientation ◽  
Gender Identity ◽  
Sexual Diversity ◽  
Gender Expression ◽  
And Gender ◽  
The Right

El objetivo del presente trabajo es analizar el proyecto de ley que reconoce y protege el derecho a la identidad de género. Para ello, y después de explicar los conceptos primordiales aplicables a la diversidad sexual (orientación sexual, identidad de género y expresión de género), se caracterizan sus disposiciones principales, y se explican sus fundamentos, tanto jurídicos como sociales. The objective of this work is analize the billthat recognizes and protects the right to gender identity. In order to do this, and after explaining the concepts applicable to primary sexual diversity (sexual orientation, gender identity and gender expression), then characterizing its main provisions; and thereafter explaining their rationale, both legal and social.

An adolescent requesting to pause puberty

2021 ◽  
pp. 203-212
Author(s):  
Cordelia Y. Ross ◽  
Alex S. Keuroghlian
Keyword(s):  
Gender Identity ◽  
Hormone Therapy ◽  
Gender Dysphoria ◽  
Social Stigma ◽  
Developmental History ◽  
Psychiatric Assessment ◽  
Gender Expression ◽  
Gender Affirmation ◽  
History Of ◽  
And Gender

Gender dysphoria occurs when a patient has distress associated with incongruence between a person’s experienced gender and the gender traditionally associated with their sex assigned at birth. This must occur for at least six months. The psychiatric assessment of a patient with gender dysphoria should include exploration of the child’s developmental history of gender-expansive identification and expression; sources of distress relating to familial, community, and social stigma; and ways to help families adopt an accepting and nurturing response. Gender affirmation can include psychological, social, legal, and biological interventions. The goal of psychotherapy is to help a person explore, discover, and affirm their gender identity. Social affirmation may include changing names, pronouns, and gender expression. Legal gender affirmation may take place through a name or gender marker change on official documents. Biological affirmation may include pubertal suppression for younger adolescents, gender-affirming hormone therapy, and/or gender-affirming surgery.

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