NationStates

Posted: **Sat Jun 15, 2019 6:27 pm**

Affordable Transgender Hormone Therapy
Civil Rights | Mild

The World Assembly, by the advice and consent of the delegates and member nations thereof, and by the authority of the same, hereby:

Submits the following as fact:
Transgender and gender non-binary people are real.
Their experiences are not the product of "mental illness," "confusion," "disease," or anything of the sort -- rather, their understanding of their relationship to the world in the lens of gender does not correspond with their biological sex.
Their first-hand accounts of this understanding are real; each person is in the best position to understand and discern their own gender identity.
Any distress arising from this real disconnect between sex and gender is referred to as gender dysphoria -- like any mental condition, it ought to be treated.
Further, it ought to be treated in a manner that respects the fundamental facts: that transgender and non-binary individuals' experiences are real, and that their gender identity is not the same as their birth sex.
One such way to resolve the distress is through hormone therapy, and the choice to pursue or not to pursue such treatment ought to rest firmly in the hands of the individual, rather than in the hands of the state.
Defines, for the purposes of this resolution, "hormone therapy" as a medical treatment involving the use of naturally occurring hormones for the purpose of altering one's secondary sex characteristics to more accurately reflect their gender identity,

Requires all member-states to legalize hormone therapy for all consenting individuals,

Requires all member-states to have an affordable, easy-to-access way for its transgender population to access hormone therapy,

Forbids any member-state from denying a transgender person access to hormone therapy as a punishment or as part of a punishment for a crime,

Forbids any member-state from forcing an individual to undergo hormone therapy.

Co-Authored by United Massachusetts

IC: "Somewhat surprised this specific subject hasn't been legislated on, thus far."

OOC: I know that I have several other drafts up on the forums currently, but I do want to get this out there while it's still fresh on my mind. This will likely be my last draft for a bit, but I don't want to wait too long on it.

That being said, I did do a bit of research on the subject, but I'm by no means an expert on it. I believe I got most things correct, but there is a rather sizeable chance that this is somewhat inaccurate. If somebody with more experience in this area could give me some insight, that would be greatly appreciated.

Posted: **Sun Jun 16, 2019 4:11 am**

Morover wrote:IC: "Somewhat surprised this hasn't been legislated on, thus far."

GA #91, A Convention on Gender
GA #124, Essential Medication Act

Posted: **Sun Jun 16, 2019 4:16 am**

"I am appalled that people are trying to force every nation to accept people with this so-called 'transgenderism', these people are simply pretending to be of the opposite gender to attract attention."He throws the proposal in the paper shredder nearby.

OOC:This has already been legislated on, also, my character holds the same views that I do but more vociferously and extremely.

Posted: **Sun Jun 16, 2019 4:22 am**

Marxist Germany wrote:"I am appalled that people are trying to force every nation to accept people with this so-called 'transgenderism', these people are simply pretending to be of the opposite gender to attract attention."He throws the proposal in the paper shredder nearby.

OOC:This has already been legislated on, also, my character holds the same views that I do but more vociferously and extremely.

OOC: I know we already had this discussion and thus I know that your OOC views aren't as bad, but the way you word it here, really does make you look really bad, just so you know.

IC: "In that case your nation is not in compliance with GA #91."

Posted: **Sun Jun 16, 2019 4:49 am**

Araraukar wrote:
Marxist Germany wrote:"I am appalled that people are trying to force every nation to accept people with this so-called 'transgenderism', these people are simply pretending to be of the opposite gender to attract attention."He throws the proposal in the paper shredder nearby.

OOC:This has already been legislated on, also, my character holds the same views that I do but more vociferously and extremely.

OOC: I know we already had this discussion and thus I know that your OOC views aren't as bad, but the way you word it here, really does make you look really bad, just so you know.

IC: "In that case your nation is not in compliance with GA #91."

The assistant of the ambassador approaches, "we are maliciously compliant with GA#91, Klaus just gets a bit heated when he sees attempts at another trans rights proposal."

Posted: **Sun Jun 16, 2019 5:15 am**

“I believe you should avoid the phrase ‘sexual identity’ throughout your proposal, as that to me seems more reminiscent of being gay, lesbian or bisexual, about which you are not trying to legislate. Due to GA #91 and #124, there isn’t much one can do with this. Due to loopholes in both, it is possible for a state to avoid allowing hormonal medication, but I can’t see how you would avoid duplication if you forced legalisation.”

Marxist Germany wrote:
Araraukar wrote:OOC: I know we already had this discussion and thus I know that your OOC views aren't as bad, but the way you word it here, really does make you look really bad, just so you know.

IC: "In that case your nation is not in compliance with GA #91."

The assistant of the ambassador approaches, "we are maliciously compliant with GA#91, Klaus just gets a bit heated when he sees attempts at another trans rights proposal."

“How is one ‘maliciously compliant’?”

Posted: **Sun Jun 16, 2019 5:37 am**

Kenmoria wrote:“I believe you should avoid the phrase ‘sexual identity’ throughout your proposal, as that to me seems more reminiscent of being gay, lesbian or bisexual, about which you are not trying to legislate. Due to GA #91 and #124, there isn’t much one can do with this. Due to loopholes in both, it is possible for a state to avoid allowing hormonal medication, but I can’t see how you would avoid duplication if you forced legalisation.”
Marxist Germany wrote:The assistant of the ambassador approaches, "we are maliciously compliant with GA#91, Klaus just gets a bit heated when he sees attempts at another trans rights proposal."

“How is one ‘maliciously compliant’?”

"It is another word for 'creative compliance'."

Posted: **Sun Jun 16, 2019 10:37 am**

Kenmoria wrote:“Due to loopholes in both, it is possible for a state to avoid allowing hormonal medication”

"Not allowing, just providing. They can't avoid allowing it if someone gets their medications from another nation without being noncompliant. They can require traveling to the other nation to get the meds, however."

Posted: **Sun Jun 16, 2019 12:05 pm**

Araraukar wrote:
Morover wrote:IC: "Somewhat surprised this hasn't been legislated on, thus far."

GA #91, A Convention on Gender
GA #124, Essential Medication Act

OOC: I worded it poorly - I meant on the specific subject of hormonal medication.

I don't believe this falls under the jurisdiction of GAR#91 nor GAR#124 for several reasons:
In regard to GAR#91, I asked on the WA Discord if Hormonal Medication would fall under the classification of a 'gender-adequation procedure' because, for the most part, hormonal medication is used by the individual, as opposed to being a medical procedure. It's a technicality, but one exploitable. That was the general consensus, at least, though it's been a week and a half or so, and, quite frankly, the number of people who contributed to the discussion and who they were escape me. I do remember asking there, though, and getting confirmation that I'd be in the clear.
In regard to GAR#124, that was simply my own discretion. I'd argue that hormonal medications do not fall under the category of 'medically essential drug,' because, well, to quote the definition of an MED from GAR#124, hormonal medication is not "necessary to improve management and/or treatment of a patient’s medical condition." Even if you classify transgenderism as a medical condition (which, quite frankly, I'm not entirely sure about the standard for that, but I assume that it is somewhat frowned upon to refer to it as a medical condition), I'd say that the word 'necessary' here is what makes these hormones not fall under the definition of an MED. Sure, they can certainly help transgender people "improve management and/or treatment," but it is not a necessary medication. It is not the only way to improve the management or treatment.

Of course, I'm aware I'm on a fine line, so I understand where you're coming from.

Marxist Germany wrote:"I am appalled that people are trying to force every nation to accept people with this so-called 'transgenderism', these people are simply pretending to be of the opposite gender to attract attention."He throws the proposal in the paper shredder nearby.

OOC:This has already been legislated on, also, my character holds the same views that I do but more vociferously and extremely.

IC: "Ambassador, this proposal would be exactly for nations like your own - whose actions directly suppress a portion of their citizens. Shame on you, ambassador."

Kenmoria wrote:“I believe you should avoid the phrase ‘sexual identity’ throughout your proposal, as that to me seems more reminiscent of being gay, lesbian or bisexual, about which you are not trying to legislate. Due to GA #91 and #124, there isn’t much one can do with this. Due to loopholes in both, it is possible for a state to avoid allowing hormonal medication, but I can’t see how you would avoid duplication if you forced legalisation.”

"Yes, apologies. In my nation, we typically use 'sexual identity' when referring to the gender that the person is, while 'sexual orientation' is referring to the sex that an individual is attracted to. Of course, I'm aware that this isn't the case globally, and it's a mere oversight in translation. I'll see what I can do, in regards to fixing that up."

"And yes, I know that this is somewhat riding a fine line to being illegal for duplication. As it stands, I believe this is legal, due to 'hormonal medication' not exactly falling under the definition of either medically essential drugs, as legislated by GAR#124, nor a gender-adequation procedure, as legislated by GAR#91. Of course, I'll wait for a GenSec opinion on it, before drastically changing anything or committing myself to keeping the proposal as-is conceptually."

"Perhaps it would be best for a repeal-and-replace of GAR#91, but I would like to avoid that, out of fear that a repeal would pass, while the replacement would not. But that's a personal preference."

Posted: **Sun Jun 16, 2019 1:18 pm**

Morover wrote:Requires all member-states to legalize hormonal therapy for all individuals.

Imposing artificial hormones on healthy children, who can in no real sense provide consent, is unethical.

Posted: **Sun Jun 16, 2019 1:29 pm**

Christian Democrats wrote:
Morover wrote:Requires all member-states to legalize hormonal therapy for all individuals.

Imposing artificial hormones on healthy children, who can in no real sense provide consent, is unethical.

"This is an issue I struggled with - because, in many nations, the age of majority is often higher than needed to be given access to these hormones - but young children shouldn't be given a choice to do something they do not understand. I considered using the term 'sexual maturity,' but that does seem a bit ambiguous on the subject. For now, I will keep the clause as-is, at least until I can figure out a way to prohibit young children from making a decision such as this, without unnecessarily restricting those who understand the process."

Posted: **Sun Jun 16, 2019 1:38 pm**

Morover wrote:
Christian Democrats wrote:Imposing artificial hormones on healthy children, who can in no real sense provide consent, is unethical.

"This is an issue I struggled with - because, in many nations, the age of majority is often higher than needed to be given access to these hormones - but young children shouldn't be given a choice to do something they do not understand. I considered using the term 'sexual maturity,' but that does seem a bit ambiguous on the subject. For now, I will keep the clause as-is, at least until I can figure out a way to prohibit young children from making a decision such as this, without unnecessarily restricting those who understand the process."

“How about ‘Requires that all member-states legalise hormonal therapy for all individuals, who are able to understand the effects of said hormones.’? Alternatively, something about, as you said, restricting it to those who can understand the process.”

Posted: **Sun Jun 16, 2019 1:42 pm**

Kenmoria wrote:
Morover wrote:"This is an issue I struggled with - because, in many nations, the age of majority is often higher than needed to be given access to these hormones - but young children shouldn't be given a choice to do something they do not understand. I considered using the term 'sexual maturity,' but that does seem a bit ambiguous on the subject. For now, I will keep the clause as-is, at least until I can figure out a way to prohibit young children from making a decision such as this, without unnecessarily restricting those who understand the process."

“How about ‘Requires that all member-states legalise hormonal therapy for all individuals, who are able to understand the effects of said hormones.’? Alternatively, something about, as you said, restricting it to those who can understand the process.”

"Yes, something like that would be ideal. I would simply worry about tyrannical nations to claim that a transgender individual doesn't understand the effects of these hormones, despite the fact that they clearly do. I can see some difficulty in proving the guilt of said nation."

Posted: **Sun Jun 16, 2019 1:45 pm**

Morover wrote:
Kenmoria wrote:“How about ‘Requires that all member-states legalise hormonal therapy for all individuals, who are able to understand the effects of said hormones.’? Alternatively, something about, as you said, restricting it to those who can understand the process.”

"Yes, something like that would be ideal. I would simply worry about tyrannical nations to claim that a transgender individual doesn't understand the effects of these hormones, despite the fact that they clearly do. I can see some difficulty in proving the guilt of said nation."

“I believe that would fall under bad-faith, and thus be not compliant at all. It is possible to do all sorts of things by simply lying, but all of those would not be reasonable with GA law, and therefore will be punished by the Administrative Compliance Act.”

Posted: **Sun Jun 16, 2019 1:47 pm**

Kenmoria wrote:
Morover wrote:"Yes, something like that would be ideal. I would simply worry about tyrannical nations to claim that a transgender individual doesn't understand the effects of these hormones, despite the fact that they clearly do. I can see some difficulty in proving the guilt of said nation."

“I believe that would fall under bad-faith, and thus be not compliant at all. It is possible to do all sorts of things by simply lying, but all of those would not be reasonable with GA law, and therefore will be punished by the Administrative Compliance Act.”

"That is true, though it remains a fear of mine. I will change it for now, and, should a better solution come to me later on, I will change it again."

Posted: **Sun Jun 16, 2019 2:02 pm**

OOC: Hormones for GAP can be given as an injection, which at least over here you need to go to the health center to receive, they won't let you have them at home.

Also, your title doesn't currently match your contents, as even just the sex hormones (why are you using "hormonal medication"?) are given for a variety of hormone disorders, not just GAP, and also trans hormone therapy usually includes sex hormone blockers (for the type their body produces naturally), which aren't hormones themselves.

Posted: **Mon Jun 17, 2019 12:48 pm**

Araraukar wrote:OOC: Hormones for GAP can be given as an injection, which at least over here you need to go to the health center to receive, they won't let you have them at home.

Also, your title doesn't currently match your contents, as even just the sex hormones (why are you using "hormonal medication"?) are given for a variety of hormone disorders, not just GAP, and also trans hormone therapy usually includes sex hormone blockers (for the type their body produces naturally), which aren't hormones themselves.

OOC: I'll admit, the title was originally a longer version with the same general concept, but it was too long to be a title in GA (I thought it was just short enough, but apparently not). I'll change it to "Access to Hormone Therapy," which seems more appropriate to me.

This proposal does require legalization for all people - so it would not limit those who use it for other purposes. However, it goes more in detail for only transgender people to avoid duplication of GAR#124.

The proposal defines "hormonal therapy" as "an intentional change in the balance of hormones..." so I feel that the inclusion of sex hormone blockers would still fall under that.

Posted: **Mon Jun 17, 2019 9:20 pm**

Christian Democrats wrote:
Morover wrote:Requires all member-states to legalize hormonal therapy for all individuals.

Imposing artificial hormones on healthy children, who can in no real sense provide consent, is unethical.

Imposing vaccines on healthy children, who can in no real sense provide consent, is unethical.

Uh oh, check that out, now they're dead from measles.

Posted: **Mon Jun 17, 2019 9:24 pm**

OOC: Pretty sure GAR #91 covers this already, but I like the concept.

Posted: **Mon Jun 17, 2019 11:21 pm**

Arcturus Novus wrote:OOC: Pretty sure GAR #91 covers this already, but I like the concept.

(OOC: The problem is that GA #091 only bans member nations from prohibiting GAPs, but doesn’t necessarily say that member states are obligated to provide them. Hormones also aren’t properly a ‘medical procedure’, so it is doubtful whether they fit into the label of GAPs at all.)

Posted: **Tue Jun 18, 2019 12:48 am**

Aware of the existence of transgender people.

Glad to hear it?

Posted: **Tue Jun 18, 2019 8:49 am**

Arcturus Novus wrote:OOC: Pretty sure GAR #91 covers this already, but I like the concept.

OOC: As Kenmoria has said, GAPs, as defined in GAR#91, are pretty open for interpretation. As it stands, I believe hormonal therapy to not fall under the definition of GAPs.

United Massachusetts wrote:
Aware of the existence of transgender people.

Glad to hear it?

IC: "This was initially used as a starter - but I agree that it seems out of place, and the proposal can work without it. I'll fix that, apologies."

Posted: **Tue Jun 18, 2019 3:43 pm**

(OOC: The last clause seems to be very subjective, as well as perhaps impossible if the business is in an impoverished nation and only an extremely limited supply of safe and tested hormones is available.)

Posted: **Tue Jun 18, 2019 3:52 pm**

Kenmoria wrote:(OOC: The last clause seems to be very subjective, as well as perhaps impossible if the business is in an impoverished nation and only an extremely limited supply of safe and tested hormones is available.)

OOC: Should I just remove it, then? Personally, I think it adds something to the proposal, but I suppose the proposal could go without it.

Posted: **Tue Jun 18, 2019 11:12 pm**

Morover wrote:
Kenmoria wrote:(OOC: The last clause seems to be very subjective, as well as perhaps impossible if the business is in an impoverished nation and only an extremely limited supply of safe and tested hormones is available.)

OOC: Should I just remove it, then? Personally, I think it adds something to the proposal, but I suppose the proposal could go without it.

(OOC: I think you should redefine it to a reasonable price, instead of an affordable one, so any pharmaceutical company doesn’t have to go bankrupt if hormones are in short supply.)

NationStates

[PASSED] Affordable Transgender Hormone Therapy

[PASSED] Affordable Transgender Hormone Therapy