[DRAFT] Ban on requiring SRS for legal gender transition

[J-O-E]

This is now outdated, view draft 2 here: viewtopic.php?f=9&t=507367

Category: Civil Rights
Strength: Significant

The World Assembly,

Supporting previous efforts by this body to support the rights of transgender individuals, and to affirm their gender identity.

Applauding previous resolutions which have helped to allow transgender individuals to legally change their gender to conform to their gender identity.

Believing, however, that under current law, member governments may still exploit several loopholes in order to make it unnecessarily difficult for transgender individuals to legally change their gender.

Asserting that further legislation on this topic is necessary to prevent this behavior.

Noting that this resolution is a logical extension of requirements in previous resolutions, such as GAR #467, which: “Forbids any member-state from forcing an individual to undergo hormone therapy.” As this body has already agreed that transgender individuals should not be forced to undergo hormone therapy, it makes sense that individuals should not be forced to undergo sex reassignment surgery either.

Hereby:

1. Defines sex reassignment surgery as a process in which a person undergoes surgery to medically align physical characteristics with one’s identified gender.
2. Defines a transgender individual as any individual who identifies as a gender which differs from the gender they were assigned at birth.
3. Requires member nations to allow transgender individuals to legally change their gender, without requiring them to undergo sex reassignment surgery, as such a requirement would:
A. Violate individual rights, as not all individuals wish to undergo such a surgery.
B. Be harmful to the mental health of individuals who do not wish to receive the surgery, as they would be unable to legally identify as their gender.
C. Be disproportionately harmful to the poor, as not all individuals have the ability to afford such a procedure.
D. Make it impossible for transgender minors to legally change their gender, due to GAR #91 requiring that: “No intersex, transgender or intergender persons of any age shall have GAPs [sex reassignment surgeries] until they are mature enough to make an informed decision regarding their own future.”

Co-authored by Yong

This is based off a resolution by Yong that I reworked with their permission. This is my first time writing a proposal so there are probably issues.

[Tinhampton]

3. Requires member nations to allow transgender individuals to legally change their gender, without requiring them to undergo sex reassignment surgery...

If your goal is to ensure that trans people can change their own gender without having to receive SRS - rather than requiring that nobody be forced into receiving SRS against their will - that should be made clear(er).

Article 3D may constitute a House of Cards violation (since GA#91, like all other unrepealed non-repeals except The World Assembly, can be repealed).

[J-O-E]

3. Requires member nations to allow transgender individuals to legally change their gender, without requiring them to undergo sex reassignment surgery...

Article 3D may constitute a House of Cards violation (since GA#91, like all other unrepealed non-repeals except The World Assembly, can be repealed).

Would it be? Idk exactly what would constitute a house of cards, but it seems like my resolution is still independent because that’s only 1 of 4 reasons. Idk, maybe it is, but I still think it’s a fair point to mention.

[J-O-E]

3. Requires member nations to allow transgender individuals to legally change their gender, without requiring them to undergo sex reassignment surgery...

If your goal is to ensure that trans people can change their own gender without having to receive SRS - rather than requiring that nobody be forced into receiving SRS against their will - that should be made clear(er).

Do you have any tips on how to do that? I don’t like the current title I have, but I can’t think of something sufficiently short and accurate enough. The best I can come up with is something like “Ban on Required Sex Reassignment Surgery for Legal Gender Transition” but I feel like that’s too long.

[Yong]

Thank you for helping out, it’s much appreciated and I hope everything goes well!

[J-O-E]

Anyone else have any thoughts? Questions? Anything? Something I did right? Something I did wrong?