[PASSED] A Convention on Gender

[Sionis Prioratus]

A Convention on Gender

A resolution to improve worldwide human and civil rights.

AWED by the progress the World Assembly has made in Civil Rights;

AWARE that in spite of said progress, there are still persons who, while free from discrimination, are denied their basic self-sense of personhood & identity, an abuse often beginning in the earliest infancy;

FURTHER AWARE said denials are a source of untold countless horrors, among them depression & suicide;

DESIROUS of eliminating those horrors;

IT IS ESTABLISHED:

1) Definitions:

• “Majoritarian genders (MG)”: The most prevalent genders found on any given sapient species (e.g. female & male) defined not only by genetic and/or anatomical features, but also by cultural roles each culture usually ascribes them. This resolution does not in any way deny that many sapient species do not have dichotomy in gender; but may differ in number of prevalent genders;
• “Intersex persons”: Due to genetic variations, cannot be assigned to any MG by evidence of genetic and/or anatomical features;
• “Transgender persons”: Born in a given MG, their basic self-sense of personhood & identity belong in another MG;
• “Intergender persons”: Self-identify as belonging to more than one MG at once, or not belonging to any MG at all; may express combinations of MG attributes, or none at all; also may have any MG features;
• “Gender-adequation procedure (GAP)”: Medical procedures seeking to assign to intersex, transgender or intergender persons proper gender-related anatomical and/or genetic features needed to fit in a person-centered adequate gender.

2) No intersex, transgender or intergender person shall be considered diseased by the sole reason of being intersex, transgender or intergender;

3) No nation can prohibit GAPs to intersex, transgender or intergender persons; nor can they be prohibited to travel to other nations for the sole reason of seeking GAPs in said nations; nor can return be denied for the sole reason of having had GAPs;

4) No intersex, transgender or intergender person shall be forced to choose to fit in any gender; persons are free to keep whatever life-compatible features Nature gave them. They shall be recognized as “intersex” (or culturally equivalent gender terms) if documents require gender identification;

5) Full recognition shall be given to gender changes & intersex/gender status in international/national personal documents, if they mention gender;

6) No intersex, transgender or intergender persons of any age shall have GAPs until they are mature enough to make an informed decision regarding their own future;

7) Intersex, transgender & intergender persons shall be:

a) Provided access to a list of expert GAP providers, as well as peer support, before & after GAPs. Said support shall also be provided to intersex, transgender & intergender persons who choose not to have GAPs;

b) Consistently told the truth, within the limits of their advisors’ knowledge and belief (including providers’ honesty about uncertainty) & given copies of their medical records as soon & as often as they ask for them;

c) Allowed to have GAPs after they have been informed of the risks & benefits (plus evidence, or lack thereof, for both).

[Sanctaria]

The Divine Republic of Sanctaria supports the idea behind a resolution on Gender and is happy to assist the Ambassador in any way possible.

I would also add All future forms of any nature be amended to include Intersex as an option or something along those lines. You know, "Are you Male, Female or Intersex".

Unless you had this down under "International recognition of personal documents reflecting gender changes status, or non-majoritarian genders (as for intersex)"?

Yours etc.,


Yasminé Pontif
Minister for the World Assembly at the Department of Foreign Affairs
The Divine Republic of Sanctaria

[Flibbleites]

Oh God, not this again.

Bob Flibble
WA Representative

[Sionis Prioratus]

The Divine Republic of Sanctaria supports the idea behind a resolution on Gender and is happy to assist the Ambassador in any way possible.

I would also add All future forms of any nature be amended to include Intersex as an option or something along those lines. You know, "Are you Male, Female or Intersex".

Unless you had this down under "International recognition of personal documents reflecting gender changes status, or non-majoritarian genders (as for intersex)"?

Yours etc.,


Yasminé Pontif
Minister for the World Assembly at the Department of Foreign Affairs
The Divine Republic of Sanctaria

I thank Your Honor for the early support. Indeed, I had said part under the quoted part.
I heartily welcome additions to the presented list; it is of a complex nature, and should it be tackled, I want to ensure it is done in the most thorough manner possible.

Yours truly,

[Sionis Prioratus]

Oh God, not this again.

Bob Flibble
WA Representative

Thanks for the information, Hon. Flibble, as I was not aware of it. CoCR surely already covers many topics of that ancient text.

As for Your Honor's support, I have never had it, no matter what exhaustive concessions I have done in the past.

In short: I could not care less.

Yours,

[Sionis Prioratus]

OOC & OOT: Goodness gracious, the Jolt forums are becoming with each passing day a masterpiece in eyebleed!

*fumbles not to fall to the ground due to blurred vision*

[Ambassador of Topid]

[OOC:

OOC & OOT: Goodness gracious, the Jolt forums are becoming with each passing day a masterpiece in eyebleed!

*fumbles not to fall to the ground due to blurred vision*

Ain't that the truth? That ish hurts!]

IC:

- The freedom to any person to have access to have gender-change surgery, provided some medical/psychological conditions are met;

We feel it is much better to ban nations from barring gender-change surgery. Mandating freedom to this sort of thing could be construed as forcing nations to ensure the option is available. Given the varying levels of technological development of our member states, some nations may not have doctors trained or equipped for such endeavors.

- International recognition of personal documents reflecting gender changes status, or non-majoritarian genders (as for intersex);

This mission would be fine by us.

- That children born intersex must not be submitted to "reparative" surgery, unless there is a mature desire and informed consent;

We would prefer this be the decisions of the parents/guardians up to the age of maturity. But we acknowledge this is a controversial issue.

- Definitions of gender; that intersex persons be not obligated to choose between male/female, and remain with what Nature gave them, if so they wish.

We are fine with this mission as well.

- That gender identity be not dependant on being pre-operative/post-operative;

We do not understand this mission, but would like to point out that dependent is misspelled to prevent ourselves from feeling less intelligent.

- That gender non-conformity /intersex status must not be considered pathological per se.

Again, I do not understand what this means. Unfortunately no such error could be found here, so we are left feeling inferior.

I think this proposal would likely be acceptable. I'm assuming there will be minor disagreements, but I feel we can probably agree to disagree and support the proposal. We do hope you can explain these last two points in more ... dumb terms.

[Sionis Prioratus]

- The freedom to any person to have access to have gender-change surgery, provided some medical/psychological conditions are met;

We feel it is much better to ban nations from barring gender-change surgery. Mandating freedom to this sort of thing could be construed as forcing nations to ensure the option is available. Given the varying levels of technological development of our member states, some nations may not have doctors trained or equipped for such endeavors.

Point taken, Your Honor.

- International recognition of personal documents reflecting gender changes status, or non-majoritarian genders (as for intersex);

This mission would be fine by us.

I am overly humbled Your Honor agrees.

- That children born intersex must not be submitted to "reparative" surgery, unless there is a mature desire and informed consent;

We would prefer this be the decisions of the parents/guardians up to the age of maturity. But we acknowledge this is a controversial issue.

OOC: That is indeed a controversial issue. I'm afraid, due to real-life widespread non-recognition of the appalling impacts this particular issue has on intersex persons, we'll have to quote at length the Intersex Society of North America (ISNA):

What's ISNA's position on surgery?

Many people who know of ISNA’s work mistakenly think we are “anti-surgery.” Not at all!

Like all sane people, we believe it is appropriate to have competent surgeons perform operations necessary to resolve a life-threatening metabolic crisis. For example, if a child is born without a urinary opening, the child needs surgery to create a urinary opening. If a child has active gonadal cancer, the cancer should be treated immediately.

What about other kinds of surgeries in cases of intersex? We believe that competent patients should be allowed to get the surgeries they want after they have been fully informed of the risks and benefits (and the evidence, or lack thereof, for both). They should be given access to expert, humane surgeons, as well as peer support before and after their procedures.

What we object to are elective surgeries done on people (usually children) without their informed consent. Such surgeries subject patients to unnecessary harm and risk.

What does ISNA recommend for children with intersex?

After years of consultation with people with intersex conditions, their parents, their healthcare providers, and others, the following Patient-Centered Model is what ISNA recommends.

Children with intersex, parents of those children, and adults with intersex should be treated in an open, shame-free, supportive, and honest way. They should consistently be told the truth (this includes providers being honest about uncertainty), and should be given copies of medical records as soon and as often as they ask for them.
Children and adults with intersex, and their family members, should be provided with access to trained psychologists and social workers, especially when they are in distress (as some parents of newborns with intersex are). Parental distress should not be treated with “normalizing” surgery on children, nor should surgeons, endocrinologists, and other non-psycho-social specialists attempt to cover family’s counseling needs.
Care providers should also attempt to connect children and adults with intersex and parents of children with intersex so that they can give each other peer support outside of the clinical setting. This helps validate their feelings and experiences. Peer support saves families and lives.
Following diagnostic work-up, newborns with intersex should be given a gender assignment as boy or girl, depending on which of those genders the child is more likely to feel as she or he grows up. Note that gender assignment does not involve surgery; it involves assigning a label as boy or girl to a child. (Genital “normalizing” surgery does not create or cement a gender identity; it just takes tissue away that they patient may want later.)
Medical procedures necessary to sustain the physical health of a child should be performed. Examples of these would be endocrinological treatment of a child with salt-wasting congenital hyperplasia, or surgery to provide a urinary drainage opening when a child is born without one.
Surgeries done to make the genitals look “more normal” should not be performed until a child is mature enough to make an informed decision for herself or himself. Before the patient makes a decision, she or he should be introduced to patients who have and have not had the surgery. Once she or he is fully informed, she or he should be provided access to a patient-centered surgeon.
Does this mean ISNA recommends “doing nothing”? Not at all. Please re-read the above, and if you’d like more information about how our recommendations differ from the traditional concealment-centered model, check out our chart called Shifting the Paradigm of Intersex Treatment.

- Definitions of gender; that intersex persons be not obligated to choose between male/female, and remain with what Nature gave them, if so they wish.

We are fine with this mission as well.

Again, I am overly humbled Your Honor agrees.

- That gender identity be not dependant on being pre-operative/post-operative;

We do not understand this mission, but would like to point out that dependent is misspelled to prevent ourselves from feeling less intelligent.

It is not a consequence of low intelligence. Not at all. But a consequence of a social ill that has been for too long (OOC: Also in RL) been ignored and hidden, with hideous consequences.

Some jurisdictions/countries only legally reassign gender after surgery. Needless to say, those surgeries can be very costly, and people may be deprived of the freedom to be recognized in their percieved gender due to socioeconomic limitations. We think this is unnaceptable.

- That gender non-conformity /intersex status must not be considered pathological per se.

Again, I do not understand what this means. Unfortunately no such error could be found here, so we are left feeling inferior.

OOC: As once happened with sexual orientation - the American Psychiatric Association classified being gay or lesbian as a disease up until the 1970's - for shame! - the same happens in many jurisdictions in what regards gender identity; some will only perform gender reassignment surgeries after a diagnostic (diagnostic always implies the existence of a disease) of medical entities such as "gender disphoria".

IC, taking OOC points: We believe this is less than the full dignity every human being deserves.

Yours,

[Sionis Prioratus]

OOC: Moving RL stories about infant intersex surgery and its devastating effects (VIDEOS):

Intersex Protest Involuntary Genital Surgery

Intersex Infant - Surgical Abuse

[Charlotte Ryberg]

Honoured ambassador,

I would support the principle but for good measure I would personally recommend member states to regulate gender change clinics for safety reasons (sic), I mean, it would be a good idea to crack down on shady clinics to make gender change safer. Finally, no need to rush, there's already a long proposal queue.

Yours,

[Urgench]

- The freedom to any person to have access to have gender-change surgery, provided some medical/psychological conditions are met;

Presuming that the individual seeking this surgery (or treatment, where countries have advanced beyond the need to use the scalpel) is able to pay for it? Or is this a right to obtain these surgeries or treatments at cost to the state?

- International recognition of personal documents reflecting gender changes status, or non-majoritarian genders (as for intersex);

The second part of this (applying to minority sexes) is covered by the CoCR, the first part (referring to recognition of change of sex) might well be a useful addition to the protections of the CoCR.

- That children born intersex must not be submitted to "reparative" surgery, unless there is a mature desire and informed consent;

We understand exactly why this provision is included in this form, and we applaud its intent, but we are concerned that assessing whether a child's decision making is mature, informed and consenting is a highly complicated thing and would need to be extremely closely regulated, and this provision should take in to account unbiased psychiatric opinion on the child's decision making abilities.

- Definitions of gender; that intersex persons be not obligated to choose between male/female, and remain with what Nature gave them, if so they wish.

This is confusing, is the provision referring to self identification, or to how a person is referred to for legal and governmental purposes? Or is this a protection against forced sex alignment?

- That gender identity be not dependant on being pre-operative/post-operative;

For the purposes of the law and government? Ultimately this would be the same protection as the protection from obligation to choose a gender no?

- That gender non-conformity /intersex status must not be considered pathological per se.

[/quote]

Though presumably this statute will want to remain cognizant of the fact that there are pathological conditions which cause gender or sex identity dysphoria, and will want to insure that those suffering with a genuine pathology not be streamed in to the processes and decisions which those with non-pathological conditions are being guaranteed the rights to here, no?


We can see that a variety of practical issues relating to the issue of gender and sex identity might usefully be dealt with by the WA, however absolute clarity in terminology, and clarity of intended action and purpose must be applied to these issues, and we will support a statute which does this without undermining the CoCR.

Yours,

[Cobdenia]

Erm...should I point out that gender=/=sex. Basically one's gender is whether one is masculine or feminine, one's sex is if one is male or female

[Urgench]

Erm...should I point out that gender=/=sex. Basically one's gender is whether one is masculine or feminine, one's sex is if one is male or female

Whom was your Excellency correcting ?


Yours,

[Charlotte Ryberg]

For the sake of simplicity I would personally choose either "sex" or "gender": and it seems in my opinion that using the term gender and bisexual would be the most appropriate for the purpose of this resolution. Also, the name of the resolution may not be of best fit. May Ms. Harper suggest "Gender Recognition Convention" (29 characters)? It is important to fill a void but avoid duplicating the CoCR.

Yours etc,

[Sanctaria]

I would like to point out to the honoured Ambassador from Charlotte Ryberg that bisexuality is a sexuality, not a gender. We do understand how easily it is to mistake the two.

Yours etc.,


Yasminé Pontif
Minister for the World Assembly at the Department of Foreign Affairs
The Divine Republic of Sanctaria

[Urgench]

For the sake of simplicity I would personally choose either "sex" or "gender": and it seems in my opinion that using the term gender and bisexual would be the most appropriate for the purpose of this resolution. Also, the name of the resolution may not be of best fit. May Ms. Harper suggest "Gender Recognition Convention" (29 characters)? It is important to fill a void but avoid duplicating the CoCR.

Yours etc,

With all due respect, we highly recommend that the honoured Ambassador for Sionis Prioratus ignore everything which the honoured Ambassador for Charlotte Ryberg has said in the above quoted contribution.


Yours,

[Charlotte Ryberg]

For the sake of simplicity I would personally choose either "sex" or "gender": and it seems in my opinion that using the term gender and bisexual would be the most appropriate for the purpose of this resolution. Also, the name of the resolution may not be of best fit. May Ms. Harper suggest "Gender Recognition Convention" (29 characters)? It is important to fill a void but avoid duplicating the CoCR.

Yours etc,

With all due respect, we highly recommend that the honoured Ambassador for Sionis Prioratus ignore everything which the honoured Ambassador for Charlotte Ryberg has said in the above quoted contribution.


Yours,

Sorry, honoured ambassador, my mind went off for a moment or two.

Presuming that the individual seeking this surgery (or treatment, where countries have advanced beyond the need to use the scalpel) is able to pay for it? Or is this a right to obtain these surgeries or treatments at cost to the state?

My opinion is that whether a fee should be charged should be up to the member state, as the General Patent Charter draft is doing, and if such a fee is charged, it should be fair and reasonable.

Yours,

[Urgench]

Presuming that the individual seeking this surgery (or treatment, where countries have advanced beyond the need to use the scalpel) is able to pay for it? Or is this a right to obtain these surgeries or treatments at cost to the state?

My opinion is that whether a fee should be charged should be up to the member state, as the General Patent Charter draft is doing, and if such a fee is charged, it should be fair and reasonable.

Yours,

Excellency, our question was not an expression of opinion on our part, we were merely trying to clarify what the provision in question was intended to do. treatment for sex change would be provided at the expense of the state in the CSKU but we have no particular desire to see that be the case in every member state, and we are aware that many member states would object fundamentally to any medical procedure being provided at the expense of the state.

Yours,

[Freeoplis]

- The freedom to any person to have access to have gender-change surgery, provided some medical/psychological conditions are met;

One condition we would like to see is that the individual lives as their chosen gender for a period of time prior to surgery to prove their commitment to it and to protect against whimsical decisions.

- International recognition of personal documents reflecting gender changes status, or non-majoritarian genders (as for intersex);

The first part may not be necessary except for saying Nations must facilitate the changing of all Identification documents to reflect the new gender. If a passport is changed to say male for a female after having surgery then there should be no problem. The last bit is important as all Nations would need to recognize 3 genders male/female/inter-sex and not refuse entry for inter-sex individuals.

- That children born intersex must not be submitted to "reparative" surgery, unless there is a mature desire and informed consent;
- Definitions of gender; that intersex persons be not obligated to choose between male/female, and remain with what Nature gave them, if so they wish.

These 2 points will be problematic in drafting. We agree with the principle but in practice parents are going to make the decision on behalf of their new born. The individual won't have a choice at that stage of life so the parents will claim they have been informed by doctors and will seek surgery. There is no way around this we see except not allowing surgery until the individual can make their own choice and disallowing the choice to be made on their behalf. There may be better suggestions from our esteemed colleagues on a way around this.

- That gender identity be not dependant on being pre-operative/post-operative;

Again making 3 genders - male/female/inter-sex.

- That gender non-conformity /intersex status must not be considered pathological per se.

Bascally abolishing any discrimination, slander or mistreatment for choosing the inter-sex staus.

[Turanbirligi]

we will never support such an idea no correct our laws.

[Sionis Prioratus]

We can see that a variety of practical issues relating to the issue of gender and sex identity might usefully be dealt with by the WA, however absolute clarity in terminology, and clarity of intended action and purpose must be applied to these issues, and we will support a statute which does this without undermining the CoCR.

Yours,

We are overjoyed that the praised & extolled author of the Charter of Civil Rights finds merit in this effort. Rest assured, Noble Khan, this effort in no way whatsoever intends to diminish or duplicate the moral or legal importance or CoCR. Indeed, we seek & intend to deliver a complementary text. Your concerns shall be taken into consideration.

- The freedom to any person to have access to have gender-change surgery, provided some medical/psychological conditions are met;

Presuming that the individual seeking this surgery (or treatment, where countries have advanced beyond the need to use the scalpel) is able to pay for it? Or is this a right to obtain these surgeries or treatments at cost to the state?

Nations should be able to allow for procedures (in the economic sense) as the nations see fit. To mandate (or to prohibit) nations to pay for gender reassignment procedures would open a veritable can of worms.

- International recognition of personal documents reflecting gender changes status, or non-majoritarian genders (as for intersex);

The second part of this (applying to minority sexes) is covered by the CoCR, the first part (referring to recognition of change of sex) might well be a useful addition to the protections of the CoCR.

I am glad The Noble Khan agrees.

- That children born intersex must not be submitted to "reparative" surgery, unless there is a mature desire and informed consent;

We understand exactly why this provision is included in this form, and we applaud its intent, but we are concerned that assessing whether a child's decision making is mature, informed and consenting is a highly complicated thing and would need to be extremely closely regulated, and this provision should take in to account unbiased psychiatric opinion on the child's decision making abilities.

We agree, and we fully intend to obsessively strive for appropriate detail.

- Definitions of gender; that intersex persons be not obligated to choose between male/female, and remain with what Nature gave them, if so they wish.

This is confusing, is the provision referring to 1) self identification, or to 2) how a person is referred to for legal and governmental purposes? Or is this a 3) protection against forced sex alignment?

2 & 3. As for 1, every individual is already inherently sovereign over his/her own body.

- That gender identity be not dependant on being pre-operative/post-operative;

For the purposes of the law and government? Ultimately this would be the same protection as the protection from obligation to choose a gender no?

Yes & yes.

- That gender non-conformity /intersex status must not be considered pathological per se.

Though presumably this statute will want to remain cognizant of the fact that there are pathological conditions which cause gender or sex identity dysphoria, and will want to insure that those suffering with a genuine pathology not be streamed in to the processes and decisions which those with non-pathological conditions are being guaranteed the rights to here, no?

Yes, indeed. Again, we fully intend to obsessively strive for appropriate detail.

Yours very truly.

***

Given the various commentaries by very respected Delegations, it is time to jump from [idea] to [draft], in due time. Everybody be forewarned I am in no rush, and obviously a first draft will be very crude.

[Sionis Prioratus]

Erm...should I point out that gender=/=sex. Basically one's gender is whether one is masculine or feminine, one's sex is if one is male or female

Definitions for the purposes of the draft shall be included, Sir Cyril MacLehose-Strangways-Jones, GCRC, LOG, Permanent Representative of the Raj of Cobdenia to the World Assembly and Delegate for the Region of Antartic Oasis.

Yours,

[Sionis Prioratus]

*snip*

All very pertinent points, Your Excellency.

Yours,

[Sionis Prioratus]

we will never support such an idea no correct our laws.

What a magnificent contribution! Would Your Excellency pray care to elaborate?

[Ossitania]

In accordance with our mandate to promote liberty, equality and freedom for all peoples, the Democratic Republic of Ossitania lends its support to the noble mission of Sionis Prioratus and offers any and all assistance in its pursuit of said mission.

Your's sincerely,

Megan O' Connor,
Ambassador to the World Assembly