“Change can never be ‘complete’”: the legal right to self-identification and incongruous bodies

2020 ◽  
Vol 1 (1) ◽  
Author(s):  
Gwyn Easterbrook-Smith
Keyword(s):  
Gender Identity ◽  
Social Factors ◽  
Birth Certificate ◽  
Gender Identities ◽  
Select Committee ◽  
Transgender People ◽  
Legal Recognition ◽  
Current Process ◽  
Sex Marker ◽  
New Process

<p class="ArticleTitle">At the time of writing, New Zealand's government is considering select committee recommendations to simplify the process for changing the sex recorded on a birth certificate (Governance and Administration Committee 2018). This article argues that the inconsistent requirements for binary and non-binary transgender people to amend their documentation indicates a scepticism of the legitimacy of non-binary identities. The current process for transgender people seeking to change their sex marker is onerous and often expensive (Noonan and Liddicoat 2008). Attaining an "indeterminate" marker on a birth certificate is so difficult as to be functionally impossible. Crown Law have suggested that “social factors” (how a person’s gender is perceived by others) would be considered by the courts when deciding on the veracity of their stated gender identity, indicating that being identifiable as a binary-gendered person is a contributor to achieving legal recognition of one’s gender. The proposal presumes that recording an "official" gender is natural and necessary. Legal recognition of non-binary people signals an expanded understanding of recognisable gender identities, but requires situating oneself within a bureaucratic framework. In light of the new process being proposed, I argue that if passed this Bill implicitly raises the question of why identity documents must have a sex marker on them at all.</p>

scholarly journals HIV and STI positivity rates among transgender people attending two large STI clinics in the Netherlands

2021 ◽  
pp. sextrans-2020-054875
Author(s):  
Susanne Drückler ◽  
Ceranza Daans ◽  
Elske Hoornenborg ◽  
Henry De Vries ◽  
Martin den Heijer ◽  
...  
Keyword(s):  
The Netherlands ◽  
Gender Identity ◽  
Sex Work ◽  
Sexual Behaviour ◽  
Sex Workers ◽  
Hiv Prevalence ◽  
Hiv Positive ◽  
Gender Identities ◽  
Transgender People ◽  
Sexually Transmitted

BackgroundGlobal data show that transgender people (TGP) are disproportionally affected by HIV and sexually transmitted infections (STIs); however, data are scarce for Western European countries. We assessed gender identities, sexual behaviour, HIV prevalence and STI positivity rates, and compared these outcomes between TGP who reported sex work and those who did not.MethodsWe retrospectively retrieved data from all TGP who were tested at the STI clinics of Amsterdam and The Hague, the Netherlands in 2017–2018. To identify one’s gender identity, a ‘two-step’ methodology was used assessing, first, the assigned gender at birth (assigned male at birth (AMAB)) or assigned female at birth), and second, clients were asked to select one gender identity that currently applies: (1) transgender man/transgender woman, (2) man and woman, (3) neither man nor woman, (4) other and (5) not known yet. HIV prevalence, bacterial STI (chlamydia, gonorrhoea and/or infectious syphilis) positivity rates and sexual behaviour were studied using descriptive statistics.ResultsTGP reported all five categories of gender identities. In total 273 transgender people assigned male at birth (TGP-AMAB) (83.0%) and 56 transgender people assigned female at birth (TGP-AFAB) (17.0%) attended the STI clinics. Of TGP-AMAB, 14,6% (39/267, 95% CI 10.6% to 19.4%) were HIV-positive, including two new diagnoses and bacterial STI positivity was 15.0% (40/267, 95% CI 10.9% to 19.8%). Among TGP-AFAB, bacterial STI positivity was 5.6% (3/54, 95% CI 1.2% to 15.4%) and none were HIV-positive. Sex work in the past 6 months was reported by 53.3% (137/257, 95% CI 47.0% to 59.5%) of TGP-AMAB and 6.1% (3/49, 95% CI 1.3% to 16.9%) of TGP-AFAB. HIV prevalence did not differ between sex workers and non-sex workers.ConclusionOf all TGP, the majority were TGP-AMAB of whom more than half engaged in sex work. HIV prevalence and STI positivity rates were substantial among TGP-AMAB and much lower among TGP-AFAB. Studies should be performed to provide insight into whether the larger population of TGP-AMAB and TGP-AFAB are at risk of HIV and STI.

scholarly journals Adjustment of gender identity and consequences on employment rights

2020 ◽  
Vol 54 (4) ◽  
pp. 1363-1381
Author(s):  
Slobodanka Kovačević-Perić
Keyword(s):  
Human Rights ◽  
Gender Identity ◽  
Hormone Therapy ◽  
Birth Certificate ◽  
Transgender People ◽  
Health Institution ◽  
Medical Interventions ◽  
Work Placement ◽  
Trans People ◽  
Employment Rights

The gender identity of every person represents an integral part of their personality and belong to one of the basic aspects of self-definition, dignity and freedom. A certain number of people do not identify themselves with the sex allotted to them at birth, a problem arising regarding their inner comprehension of gender (self-defining), which does not correlate to the sex. Those people are called trans people. In this paper, the author examines the position of trans people i.e. individuals of different gender identity through the prism of the realization and protection in the field of labour rights and the rights arising from employment. Trans people belong to one of the most vulnerable (most discriminated) groups within society - discrimination is most evident in case of seeking a work placement and during employment, while the key performers are the state and its institutions. It could be said that conditioning and interdependence between the legal procedure of adjustment of gender identity and medical interventions, leave the legal and life status of a transgender person in "vacuum", which leads to the situation of gender identity being the grounds for further transphobia and discrimination of transgender people in all the aspects of human rights realization. However, in the procedure of further adjustment of gender identity, a transgender person can be registered in the birth certificate register, they can change their personal documents only based on the certificate of a health institution that they have been through a psychological check-up and a year-long hormone therapy prescribed by an endocrinologist. In practice, such regulations put "on hold" the personal status of a transgender person, which leads to the discrimination of transgender people based on gender identity, especially in the phase of transition, when the changes are visible but non-compliant with the sex verified in personal documents. Therefore, it is crucial that, instead of partial amendments to certain laws, an umbrella law (lex specialis) be adopted - Law on Gender identity

scholarly journals The lived experience of gender dysphoria in autistic adults: An interpretative phenomenological analysis

Autism ◽  
2021 ◽  
pp. 136236132110391
Author(s):  
Kate Cooper ◽  
William Mandy ◽  
Catherine Butler ◽  
Ailsa Russell
Keyword(s):  
Gender Identity ◽  
Lived Experience ◽  
Gender Dysphoria ◽  
Interpretative Phenomenological Analysis ◽  
Phenomenological Analysis ◽  
Interpretive Phenomenological Analysis ◽  
Gender Identities ◽  
Transgender People ◽  
Autistic People ◽  
Autistic Adults

Autistic people are more likely to be transgender, which means having a gender identity different to one’s sex assigned at birth. Some transgender people experience distress about this incongruence or gender dysphoria. Few studies have aimed to understand the inner experiences of this group. In this study, we used Interpretive Phenomenological Analysis to understand the lived experience of gender dysphoria. Twenty-one autistic adults were interviewed about their experience of incongruence between their gender identity and sex assigned at birth, and any associated distress. The interviews were transcribed and analysed using Interpretive Phenomenological Analysis. Participants described significant distress because their bodies did not match their gender identities, their need to understand their identities more broadly and to manage complex intersecting needs. Participants experienced distress due to living in a world which is not always accepting of gender- and neuro-diversity. Participants described barriers in accessing healthcare for their gender needs. Some participants felt being autistic had facilitated their understanding of their gender identity. Other participants described challenges such as a tension between their need to undergo a physical gender transition versus a need for sameness and routine. In conclusion, there can be both positive experiences and additional challenges for autistic transgender people. Lay Abstract Autistic people are more likely to be transgender, which means having a gender identity different to one’s sex assigned at birth. Some transgender people experience distress about their gender and sex assigned at birth not matching which is called gender dysphoria. Research has focused on finding out why autistic people are more likely to have gender dysphoria, and less on what the experience of gender dysphoria is like for autistic people. We interviewed 21 autistic adults about their experience of incongruence between their gender identity and sex assigned at birth, and any associated distress. We carefully read the transcripts of the interviews, focusing on how participants understood their experiences. We found a range of themes from the interviews. Participants were distressed because their bodies did not match their gender identities. Participants told us they had to work hard to understand themselves and who they were, and to manage having multiple different needs such as mental health needs. It was upsetting for participants to experience discrimination because of being autistic and/or transgender. Some participants said it was more difficult to get transgender healthcare as an autistic person. Some participants thought being autistic had helped them understand their gender identity more than non-autistic people. Other participants found it was challenging to be both autistic and transgender. For example, most participants wanted to change their bodies to match their gender identity, but some participants were nervous about making changes to themselves and their routine due to being autistic. We conclude that autism can in some ways be helpful and other ways contribute to challenges for transgender autistic people.

scholarly journals Sex Markers on Birth Certificates: Replacing the Medical Model with Self-Identification

2015 ◽  
Vol 46 (1) ◽  
pp. 57
Author(s):  
Emily Blincoe
Keyword(s):  
Medical Model ◽  
Birth Certificate ◽  
Family Court ◽  
Birth Certificates ◽  
Legal Recognition ◽  
Medical Interventions ◽  
Trans People ◽  
Sex Marker ◽  
The Family ◽  
Judicial Expertise

Section 28 of the Births, Deaths, Marriages, and Relationships Registration Act 1995 allows people to apply to the Family Court to change the sex marker on their birth certificate. This article argues that this provision is outdated and does not go far enough in providing legal recognition for trans people. It is based on the medical model of sex, and requires medical evidence that the applicant's body conforms sufficiently to that of the "nominated sex". The major problem with this requirement is that the required medical interventions are unavailable or undesirable for many trans people, so should not be a basis for legal recognition. The medical model also privileges medical and judicial expertise above a person's own identity and experience. This article suggests a reform based on the self-identification model, which exists in Argentina for birth certificates, and in New Zealand for passports and drivers' licences. Such a reform of s 28 would bring birth certificates in line with these other documents, leading to more consistency and increased respect for the human rights of trans people.

scholarly journals ON THE LEGAL RECOGNITION OF GENDER REASSIGNMENT

2017 ◽  
pp. 54-61
Author(s):  
Марина Шелютто ◽  
Marina SHyelyutto
Keyword(s):  
Gender Identity ◽  
Birth Certificate ◽  
Medical Intervention ◽  
Gender Recognition ◽  
Russian Government ◽  
New Approach ◽  
Legal Recognition ◽  
Post Surgery ◽  
Gender Reassignment ◽  
The Right

The sex of a person is assigned at birth. Later some people — intersex persons and transsexuals — experience the problems with a legal gender and seek to change the entry of birth, certificate of birth and other documents. This article has been written under the impulse from case S. (post surgery transsexual) which has been considered by Russian courts. Neither the registrar’s office nor courts allowed S. to make change in his entry of birth. As result he faces total discrimination on the grounds of gender identity. As it is known, applications of two transsexuals — No. 86501/12 (Y. P. v. Russia) and the Application No. 60796/16 (X. v. Russia) — were communicated to the Russian Government by the ECHR on 23 February 2017. This article explains the meaning of legal gender, reasons of its change, the procedure of amending the entry of birth in such case in Russia and shows that the registrar’s office and courts put forward unfounded arbitrary conditions due to gaps in legislation and ignore the right of a person to the legal recognition of his or her gender identity. International legal approaches to the realization of this right are highlighted with emphasis on the ECHR positions. The examples of contemporary foreign legislation on the gender recognition including the attitude to forced divorce and new approach to the entry of birth in case of birth of intersex child to prevent premature medical intervention contrary to the gender self-identification of such a child are given.

Gender identity in autism and neurodiversity

2018 ◽  
Author(s):  
Leif Ekblad
Keyword(s):  
Gender Identity ◽  
Gender Identities ◽  
Biological Sex ◽  
Behavioral Preferences ◽  
Opposite Sex

Gender identities that differ from biological sex (non-cisgender identities) appear to be more common in autism and neurodiversity. The study found that part of the non-cisgender identities could be related to having behavioral preferences of the opposite sex, but this failed to explain the higher prevalence in neurodiversity. Non-cisgender identities in neurodiversity could better be explained by having neurodiverse relationship preferences or lacking typical relationship preferences. Being part of the LGBT (Lesbian Gay Bi Transgender) community biased answers to questions about gender identity. Neurodiverse non-cisgender people, just like neurodiverse asexual people, might be better off with new communities that focus on the more relevant relationship preference differences rather than on narrow and indirect gender and sexual issues.

scholarly journals How Gender Identity and Transgender Status Affect Perceptions of Attractiveness

2018 ◽  
Vol 10 (6) ◽  
pp. 811-822 ◽  
Author(s):  
Jessica M. Mao ◽  
M. L. Haupert ◽  
Eliot R. Smith
Keyword(s):  
Sexual Orientation ◽  
Gender Identity ◽  
Theoretical Models ◽  
Gender Attitudes ◽  
Heterosexual Men ◽  
Transgender People ◽  
Men And Women ◽  
Gender Nonconforming ◽  
Romantic Attraction ◽  
Identity Labels

Can a perceiver’s belief about a target’s transgender status (distinct from gender nonconforming appearance) affect perceptions of the target’s attractiveness? Cisgender, heterosexual men and women ( N = 319) received randomly assigned labels (cisgender cross-gender, transgender man, transgender woman, or nonbinary) paired with 48 cross-sex targets represented by photos and rated the attractiveness and related characteristics of those targets. The gender identity labels had a strong, pervasive effect on ratings of attraction. Nonbinary and especially transgender targets were perceived as less attractive than cisgender targets. The effect was particularly strong for male perceivers, and for women with traditional gender attitudes. Sexual and romantic attraction are not driven solely by sexed appearance; information about gender identity and transgender status also influences these assessments. These results have important implications for theoretical models of sexual orientation and for the dating lives of transgender people.

scholarly journals The P600 for singular “they”: How the brain reacts when John decides to treat themselves to sushi.

2020 ◽  
Author(s):  
Grusha Prasad ◽  
Joanna Morris
Keyword(s):  
Gender Identity ◽  
Gender Identities ◽  
Processing Effort ◽  
The Brain ◽  
Binary Gender ◽  
The Way

There has been increased awareness that individuals need not have a binary gender identity (i.e., male or female), but rather, gender identities exist on a spectrum. With this increased awareness, there has also been an increase in the use of they as a singular pronoun when referring to individuals with a non-binary gender identity. Has the processing of singular they changed along with a change in its usage? Previous studies have demonstrated that sentences in which they is co-indexed with singular antecedents, are judged acceptable and are easy to process, but only if the antecedents are non-referential and/or have ambiguous gender; co-indexing they with referential antecedents with unambiguous gender (e.g., Mary) results in lower acceptability ratings and greater processing effort. We investigated whether participants who frequently interacted with individuals with a non-binary gender identity and/or identified as having a non-binary gender themselves would process sentences in which themselves was co-indexed with singular antecedents similarly. We found a significant P600 effect for sentences in which themselves was co-indexed with singular referential antecedents with unambiguous gender, but failed to find a P600 effect when the antecedents were non-referential and/or had an ambiguous gender. This pattern of results is consistent with behavioural results from previous studies, suggesting that the change in the usage of singular they has not resulted in a corresponding change in the way in which this pronoun is processed.

scholarly journals Proving it: experiences of sexual minorities in the Canadian refugee determination system

2021 ◽  
Author(s):  
Casey Anderson
Keyword(s):  
Sexual Orientation ◽  
Gender Identity ◽  
Sexual Minority ◽  
Sexual Minorities ◽  
Decision Makers ◽  
Gender Identities ◽  
Theoretical Concepts ◽  
Canadian Immigration ◽  
Determination System ◽  
And Gender

This paper explores refugee claimant’s experiences negotiating the Canadian Immigration and Refugee Board (IRB). Focusing on claims based on sexual orientation and gender identity, this paper investigates how claimants are made to ‘prove’ their sexual orientation and gender identity. The IRB and its decision makers require that claimants prove their identity as a refugee as well as a member of a sexual minority. Through an analysis of the existing literature and by integrating queer and feminist theoretical concepts on gender, sex, performativity and representation, it is apparent that the Canadian IRB functions as a heteronormative system in which the understanding of sexual orientation and gender identities are essentialized.

Sign in / Sign up

Export Citation Format

Share Document