User:Lynnphung/Gender self-identification

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Gender Self-Identification

Gender self-identification is the legal recognition of a person's gender based on their self-identified gender identity without the involvement of medical requirements, which are often through a statutory declaration[1][2][3][4].

It is a concept embraced by advocates within the transgender rights movement[1][2][3][5]. They argue that medical requirements are potentially intrusive and demeaning, and suggest that self-identification could enhance the ability of transgender individuals to navigate their daily lives without facing discrimination. The advocates point to examples like Ireland, where self-identification has been implemented since 2015[2][6], without causing significant issues. However, some critics, particularly within certain feminist circles[2][3][5][7], express concerns about safety in settings like refuges and prisons, as well as fairness in sports. [5][8][9][10]

As of February 2023, approximately 20 countries, including Argentina, Belgium, Brazil, Chile, Colombia, Costa Rica, Denmark, Ecuador, Finland, Iceland, Ireland, Luxembourg, Malta, New Zealand, Norway, Pakistan, Portugal, Spain, Switzerland and Uruguay[11][12][13], have adopted gender self-identification into law, through its adoption remains controversial in some regions such as the United Kingdom[3]. While controversial in some nations, the approach varies within federations like Australia, Canada, and Mexico, with different procedures for legal gender recognition across jurisdictions and documents. In countries such as India, Nepal[13], and Argentina[14], recognition of third gender self-determination is also acknowledged, reflecting the diverse legal approaches to gender identification worldwide.

Reworded: 1) "Gender self-identification is the concept that a person's legal sex or gender is determined by their gender identity without any medical requirements, such as via statutory declaration." to "Gender self-identification is the legal recognition of a person's gender based on their self-identified gender identity without the involvement of medical requirements, which are often through a statutory declaration."

2) "It is a major goal of the transgender rights movement. Advocates of self-identification say that medical requirements are intrusive and humiliating gatekeeping. It could force transgender people into undergoing surgery and self-identification would make it easier for transgender people to live day-to-day without prejudice. Advocates also argue that there is no evidence that such laws have caused problems in countries where they have been introduced, such as in Ireland, where self-identification was introduced in 2015. Self-identification is opposed by some feminists, who consider safety in places like refuges and prisons, and fairness in sports, to be adversely affected." to "It is a concept embraced by advocates within the transgender rights movement. They argue that medical requirements are potentially intrusive and demeaning, and suggest that self-identification could enhance the ability of transgender individuals to navigate their daily lives without facing discrimination. The advocates point to examples like Ireland, where self-identification has been implemented since 2015, without causing significant issues. However, some critics, particularly within certain feminist circles, express concerns about safety in settings like refuges and prisons, as well as fairness in sports."

3) "As of February 2023, gender self-identification, where no judge or medical expert are involved, is part of the law in 20 countries: Argentina, Belgium, Brazil, Chile, Colombia, Costa Rica, Denmark, Ecuador, Finland, Iceland, Ireland, Luxembourg, Malta, New Zealand, Norway, Pakistan, Portugal, Spain, Switzerland and Uruguay. Proposals to introduce it have proved controversial in some countries, such as the United Kingdom. Within countries organized as federations, such as Australia, Canada and Mexico, legal gender recognition may principally fall under sub-national jurisdiction, and may vary from province to province. Within a single jurisdiction, legal gender recognition procedures can be different for different documents, such as birth certificates or passports, and is not always the sole determinant of gender recognition in day-to-day life, such as in healthcare, access to facilities, or in personal relations. Third gender self-determination is available in India, Nepal and Argentina." to "As of February 2023, approximately 20 countries, including Argentina, Belgium, Brazil, Chile, Colombia, Costa Rica, Denmark, Ecuador, Finland, Iceland, Ireland, Luxembourg, Malta, New Zealand, Norway, Pakistan, Portugal, Spain, Switzerland and Uruguay, have adopted gender self-identification into law, through its adoption remains controversial in some regions such as the United Kingdom. While controversial in some nations, the approach varies within federations like Australia, Canada, and Mexico, with different procedures for legal gender recognition across jurisdictions and documents. In countries such as India, Nepal, and Argentina, recognition of third gender self-determination is also acknowledged, reflecting the diverse legal approaches to gender identification worldwide."

Positions of international bodies

In April 2015, the Parliamentary Assembly of the Council of Europe adopted Resolution 2048 (2015), which urged Member States to establish efficient, transparent, and accessible procedures that allow individuals to determine their own gender identity, regardless of factors such as age, medical status, financial status, or criminal history

United Nations Independent Expert on Protection against violence and discrimination based on sexual orientation and gender identity, stated that "the right to self-determine one's gender" is integral to an individual's personal freedom and identity[17]. He underscored states' obligations to enact "legal measures based on self-determination [and] ensuring that minors have access to recognition of their gender identity."[17]

Reworded: 1) 'In April 2015, the Parliamentary Assembly of the Council of Europe adopted Resolution 2048 (2015), within which "the Assembly calls on Member States to ... develop quick, transparent and accessible procedures, based on self-determination ... available for all people who seek to use them, irrespective of age, medical status, financial situation or police record".' to "In April 2015, the Parliamentary Assembly of the Council of Europe adopted Resolution 2048 (2015), which urged Member States to establish efficient, transparent, and accessible procedures that allow individuals to determine their own gender identity, regardless of factors such as age, medical status, financial status, or criminal history."

2) 'In 2015, the Office of the United Nations High Commissioner for Human Rights stated that "abusive requirements as a precondition of recognition — for example, by requiring ... forced gender reassignment and other medical procedures" are "in violation of international human rights standards"[16] and in 2018, Victor Madrigal-Borloz, the United Nations Independent Expert on Protection against violence and discrimination based on sexual orientation and gender identity, stated that "the right to self-determine one's gender was a fundamental part of a person's freedom and a cornerstone of the person's identity"[17] and that states' obligations included "adopting legal measures such as being based on self-determination [and] ensuring that minors have access to recognition of their gender identity".' to 'In 2015, the Office of the United Nations High Commissioner for Human Rights emphasized that requirements such as forced gender reassignment and medical procedures are "in violation of international human rights standards." Furthermore, in 2018, Victor Madrigal-Borloz, the United Nations Independent Expert on Protection against violence and discrimination based on sexual orientation and gender identity, stated that "the right to self-determine one's gender" is integral to an individual's personal freedom and identity. He underscored states' obligations to enact "legal measures based on self-determination [and] ensuring that minors have access to recognition of their gender identity."'

Positions of international charities

To mark Transgender Awareness Week in November 2019, multinational law firm Dentons produced a report titled Only adults? Good practices in legal gender recognition for youth, written along with IGLYO, an international network of LGBT+ student and youth organizations, and the Thomson Reuters Foundation[18][19]. The report examined the status of legal gender recognition for minors in several European countries, and describes itself as a "powerful tool for activists"[18]. Based on international human rights standards, the report argued that people under the age of 18 should have the right to legal gender recognition based on self-declaration, that a third gender marker should be recognized, that trans healthcare should be publicly accessible, and that discrimination based on gender identity should be illegal.

Removed first paragraph: uses non-neutral article

Removed last sentence: cites an non-accessible article

  1. ^
    ISSN 1613-3668
    .
  2. ^
    ISSN 0013-0613
    . Retrieved 2024-03-12.
  3. ^ a b c d "Explained: Countries that allow gender self-identification, and the law in India". The Indian Express. 2021-06-30. Retrieved 2024-03-12.
  4. ISSN 0261-3077
    . Retrieved 2024-03-12.
  5. ^ a b c Lewis, Helen (2021-05-05). "The Party Whose Success Is a Problem". The Atlantic. Retrieved 2024-03-12.
  6. ISSN 0261-3077
    . Retrieved 2024-03-12.
  7. ^ "Spain moves step closer to gender self-identification".
  8. ISSN 0140-0460
    . Retrieved 2024-03-12.
  9. ^ "The Transgender Issue and Trans — the gender agenda". www.ft.com. Retrieved 2024-03-12.
  10. ^ "Reports on Gender: The Law of Inclusion & Practices of Exclusion" (PDF).
  11. ^ "TGEU Trans Rights Map". transrightsmap.tgeu.org. Retrieved 2024-03-12.
  12. ^ "THEMATIC REPORT ON LEGAL GENDER RECOGNITION IN EUROPE".
  13. ^ a b "TRANS LEGAL MAPPING REPORT" (PDF).
  14. ^ "Argentina Recognizes Non-Binary Identities | Human Rights Watch". 2021-07-22. Retrieved 2024-03-12.
  15. ^ "Discrimination against transgender people in Europe".
  16. ^ "Discrimination and violence against individuals based on their sexual orientation and gender identity" (PDF).
  17. ^ a b "The law of inclusion: Report of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, Victor Madrigal-Borloz" (PDF).
  18. ^ a b "Dentons campaigns for kids to switch gender without parental approval | RollOnFriday". www.rollonfriday.com. Retrieved 2024-03-12.
  19. ^ Cross2019-11-20T10:50:00+00:00, Michael. "Campaigners for gender recognition law 'should avoid media'". Law Gazette. Retrieved 2024-03-12.{{cite web}}: CS1 maint: numeric names: authors list (link)
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