Are human rights capable of liberation? The case of sex and gender diversity

2009 ◽  
Vol 15 (1) ◽  
pp. 151-173 ◽  
Author(s):  
Sarah Winter
2020 ◽  
Vol 4 (2) ◽  
pp. 357
Author(s):  
Douglas Sanders

The United Nations human rights system has recognized rights of lesbian, gay, bisexual,  transgender and intersex individuals (LGBTI), with key decisions in 2011 and 2016. To what  extent are the rights of these groupings respected in Southeast Asia? The visibility of LGBTI is  low in Southeast Asia and government attitudes vary.  Criminal laws, both secular and Sharia,  in some jurisdictions, have prohibitions, but active enforcement is rare. Discrimination in employment is prohibited by law in Thailand and in local laws in the Philippines. Change of  legal ‘sex’ for transgender individuals is sometimes possible. Legal recognition of same-sex relationships has been proposed in Thailand and the Philippines, but not yet enacted. Marriage has been opened to same-sex couples in neighboring Taiwan. Laws on adoption and surrogacy generally exclude same-sex couples. So-called ‘normalizing surgery’ on intersex babies needs to be deferred to the child’s maturity, to protect their health and rights.


2019 ◽  
Vol 25 (6) ◽  
pp. 351-362 ◽  
Author(s):  
Bernadette Wren ◽  
John Launer ◽  
Michael J. Reiss ◽  
Annie Swanepoel ◽  
Graham Music

SUMMARYIssues of sexual reproduction lie at the core of evolutionary thinking, which often places an emphasis on how individuals attempt to maximise the number of successful offspring that they can produce. At first sight, it may therefore appear that individuals who opt for gender-affirming medical interventions are acting in ways that are evolutionarily disadvantageous. However, there are persuasive hypotheses that might make sense of such choices in evolutionary terms and we explore these here. It is premature to claim knowledge of the extent to which evolutionary arguments can usefully be applied to issues of gender identity, although worth reflecting on the extent to which nature tends towards diversity in matters of sex and gender. The importance of acknowledging and respecting different views in this domain, as well as recognising both the uncertainty and likely multiplicity of causal pathways, has implications for clinicians. We make some suggestions about how clinicians might best respond when faced with requests from patients in this area.LEARNING OBJECTIVESAfter reading this article you will be able to:•understand evolutionary arguments about diversity in human gender identity•identify strengths and weaknesses in evolutionary arguments applied to transgender issues•appreciate the range and diversity of gender experience and gender expression among people who present to specialist gender services, as well as the likely complexities of their reasons for requesting medical intervention.


2019 ◽  
Vol 43 (1) ◽  
Author(s):  
Jennifer Slater

It is a presumed opinion that gender and love mutually condition each other and that this presumption ought to be embraced by cultural norms, religion, human rights and the ethic of freedom. The notion of mutual conditioning presupposes a healthy and principled environment that facilitates the free dynamic interaction between gender and love. It is the purpose of this article to explore the outcomes of the gender revolution and the additional strands of complexities that it contributed to the human condition. Although feminism has created terminologies such as sex and gender, it is believed that these words have outlived their usefulness to make way for the present-day evolution towards a non-gendered idea of humanity. Gender diversity seeks mutuality, and true love accommodates multiplicity; hence, the interacting and intra-acting of gender and love inevitably come face-to-face with cultural, legal, social, religious and moral milieus that hamper or even contradict the concept of mutual conditioning. This article seeks to trace the evolution of gender within diverse cultural constructions created by new liberal living conditions, but which have not yet infiltrated the diverse cultural domains where gender remains an entity without cultural freedom and therefore undermines the process of mutual conditioning of gender and love. The idea of gender as transcending bodily sex forms part of an old theological and philosophical debate; it, however, resurfaces here while revisiting Aristotle’s idea of a non-gendered society or humanity. A degendered society implies a society that is free from dependence on gender, whereas a non-gendered humanity transcends gender divisions and associations, with its aspirations linked to the transcendence or consciousness of human nature. Love, in this sense, transcends all human dissections, and this article ascertains its capacity to mutually condition the diversity of gender and love.


2020 ◽  
Vol 20 (3) ◽  
pp. 387-411
Author(s):  
Lena Holzer

ABSTRACT This article explores the definition of ‘sportswoman’ as put forward in the Caster Semenya case (2019) and the Dutee Chand case (2015) before the Court of Arbitration for Sport (CAS). It analyses the structural and discursive factors that made it possible for the CAS to endorse a definition that reduces sex and gender to a matter concerning testosterone. By relying on the concept of intersectionality and analytical sensibilities from Critical Legal Studies, the article shows that framing the cases as a matter of scientific dispute, instead of as concerning human rights, significantly influenced the CAS decisions. Moreover, structural elements of international sports law, such as the lack of knowledge of human rights among CAS arbitrators and a history of institutionalising gendered and racialised body norms through sporting regulations, further aided the affirmation of the ‘testosterone rules’.


2007 ◽  
Vol 12 (1) ◽  
pp. 90-104 ◽  
Author(s):  
Surya Monro

This paper provides a cross-cultural account of gender diversity which explores the territory that is opened up when sex, gender, and sexual orientation, binaries are disrupted or displaced. Whilst many people who identify as trans or intersex see themselves as male or female, others identify in ways which destabilize sex/gender and sexual orientation binaries. The paper provides a typology of ways in which sex/gender diversity can be conceptualized, and draws out the implications for theorizing gender. It discusses the contributions made by the new wave of authors working in the field of transgender studies; authors who draw on and inform the sociology of sex and gender, feminisms, and poststructuralist theory. It based on empirical material from research carried out in India and the UK.


2020 ◽  
Vol 26 (1) ◽  
pp. 30-49
Author(s):  
Dipika Jain ◽  
Kimberly M. Rhoten

This article examines how efforts at legal legibility acquisition by gender diverse litigants result in problematic (e.g., narratives counter to self-identity) and, at times, erroneous discourses on sex and gender that homogenize the litigants themselves. When gender diverse persons approach the court with a rights claim, the narrative they present must necessarily limit itself to a normative discourse that the court may understand and, therefore, engage with. Consequently, the everyday lived experiences of gender diverse persons are often deliberately erased from the narrative as litigants mould themselves into the pre-existing normative legal categories of gender and sex. As a result of such mechanisms, the article finds that gender diverse litigants face epistemic injustice in the courts as their legal legibility is constructed within a constraining gender binary paradigm of judicial discourse. The article explores the trajectory of transgender rights in India, through an analysis of case law prior to and post the landmark NALSA decision, to understand how the approach to transgender rights and identities has been shaped by and shapes, in turn, normative conceptions of gender. The article argues for the incorporation of temporal pluralism into the law that would allow courts to hear gender diverse litigant accounts premised on contemporary gender diversity beyond the binary (rather than incontestable prior understandings based in past precedent), which would better account for such social injustices.


2020 ◽  
pp. 146394912097852
Author(s):  
Kristy Timmons ◽  
Lee Airton

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.


2020 ◽  
Vol 10 (7) ◽  
pp. 421 ◽  
Author(s):  
Pamela Tozzo ◽  
Silvia Zullo ◽  
Luciana Caenazzo

Gender-specific medicine is a discipline that studies the influence of sex and gender on physiology, pathophysiology, and diseases. One example in light of how a genetic-based disease among other diseases, that impact on sex, can be represented by the risk of developing dementia or Alzheimer’s disease. The question that comes into focus is whether gene-editing can represent a new line of investigation to be explored in the development of personalized, gender-specific medicine that guarantees gender equity in health policies. This article aims to discuss the relevance of adopting a gender-specific focus on gene-editing research, considered as a way of contributing to the advance of medicine’s understanding, treatment, and prevention of dementia, particularly Alzheimer’s disease. The development or improvement of cures could take advantage of the knowledge of the gender diversity in order to ascertain and develop differential interventions also at the genetic level between women and men, and this deserves special attention and deep ethical reflection.


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