The Safe and Inclusive Spaces Act
Category: Civil Rights
Proposed by: Alkzine
Co-author: Midlona
The World Assembly,
REAFFIRMING the right of all individuals to identify, dress, and live in accordance with their chosen gender identity;
UNDERSTANDING there to be a difference between gender identity and sex;
AWARE of the fact that sex-based differences require segregation according to sex, rather than gender identity, in isolated situations where sex-based safety and privacy needs exist;
CONCERNED that extant World Assembly resolutions may allow a small number of bad-faith actors to exploit the current self-identification system to gain access to spaces requiring sexed-based admission;
EQUALLY CONCERNED at the real threat of violence and potential for harm gender-nonconforming individuals face if they are forced to use sex-based facilities incongruous with their gender identity;
AWARE OF the multifaceted and complex role psychological trauma can play in affecting the interactions of vulnerable members of one sex with those of an opposite sex;
RE-EMPHASISING the indisputably real existence of transgender people, and those who have transitioned to or identify with a gender identity incongruous with their biological sex;
Enacts as follows:
1. Definitions:a. 'sex' or 'biological sex' refers to:
1. a specific unchanging, biological category into which a dimorphic or polymorphic species can be divided based on reproductive organs visible at birth; and/or
b. 'intersex' refers to those individuals who, due to genetic variations, cannot be assigned to one specific sex by evidence of genetic and/or anatomical features.
2.the immutable biological distinction between different sexes.
c. 'vulnerable individual' is any individual who:1. has suffered sexual assault or domestic violence;
d. ‘invasive' means any treatment involving prolonged touch, and/or revealing private parts of the body (the specific classification of which is to be defined by the individual in question), any discussion or treatment of sexual or reproductive health, obstetrics, gynecology, urology, palliative care, cancer treatment, or gastrointestinal treatment.
2. is a refugee, asylum seeker or internally displaced individual (idi);
3. has a physical disability or serious learning difficulty;
4. lives with a serious mental health difficulty; and/or
5. is or has been in foster care or a residential childcare home in the past five years.
e. ‘sex-specific space' means any space whose members or societal norms dictate it to be solely open to one sex; including bathrooms, changing rooms, educational institutions catering solely to one sex, places of religious worship, sport teams, or gyms.
2. Spaces serving vulnerable individuals of a specific sex, including (but not limited to) prisons, rape crisis centres, domestic violence shelters, asylum processing centres, drug rehabilitation programs, or psychiatric hospitals, must reasonably accommodate requests by such vulnerable individuals to maintain a sex-specific space solely for their sex, in the event such a request is made.
3. When undergoing invasive medical treatment or psychological treatment, vulnerable individuals have the right to request treatment from a member of their sex, and must be reasonably accommodated wherever possible.
4. Individuals who have been convicted of any form of sexual assault on an individual of a different sex may, under no circumstances, enter sex-specific spaces of that different sex, irrespective of claimed or perceived gender identity.
5. Member-states may determine this resolution’s application to individuals natally intersex. The World Assembly reserves the right to legislate such determinations in further resolutions.
6. Member nations must make provisions for transgender and gender-nonconforming individuals where they would otherwise face a genuine threat of violence or discrimination, including the introduction of third-gender spaces where necessary and possible. The WA will fund the provision of these spaces where member nations are unable to meet the financial burden of doing so.
7. Interpretation:a. This resolution does not place restrictions on
1. an individual’s right to self-identify as any gender they see fit and be recognized as such gender by member-states;
b. This resolution must not be interpreted as to curtail or limit the extant rights of transgender people to self-identification and freedom from all forms of discrimination.
2. gender adaptation procedures (GAP); or
3. anything regarding gender whatsoever.