gender-variance: from ostracism to recognition
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Gender-variance: From Ostracism to Recognition. Rogena Sterling - PhD Candidate at Te Piringa - Faculty of Law, University of Waikato. Right to Gender Identity and Development. Gender Identity and Biological Sex Diversity Mechanisms of Gender Development Internal Development - PowerPoint PPT PresentationTRANSCRIPT
Gender-variance: From Ostracism to Recognition
Rogena Sterling- PhD Candidate at Te Piringa - Faculty of Law, University of Waikato
Right to Gender Identity and Development• Gender Identity and Biological Sex Diversity• Mechanisms of Gender Development
– Internal Development– Socialised Development
• The Right to Identity– ‘Gender identity’ is Quintessential to Identity– Right to Recognition before the Law– Right as a Participatory Citizen
• Child Centred – Best Interest of the Child• For Development of the Child to Independence
Gender-diverse Safety Issues• Recognition of Difference
– Stigma of Difference and Abnormality– Passing and Transitioning
• Mental Health Issues– Suppression and Concealment– Depression, Anxiety, & other Mental Health Issues
• Family (Non-)acceptance• School and Social Issues
– Acceptance, Identity, and Public Facilities– Moral Panics and Mythical Narratives
• Harassment, Assault, and Violence
Prevention of Identity• Socio-cultural/Religious Rights• Parental Rights• Legal and Policy Failure
– Sexed at birth but lived through Gender– Legal and Policy Restrictions– Law’s Reliance on Medical Authority
Safety and Development Paramount• Safety of the Child Paramount
– Important when there is “grave” concern– Marion’s Case - ‘grave’ -violation is likely to have
implications concerning the person’s sense of identity, social place and self-esteem
• States Obligation – in all actions concerning children
• “Where a child is illegally deprived of some or all of his/her identity, the state is obligated to provide assistance and protection, with a view to re-establishing speedily his/her identity”.
A future?• A Legal and Social Life Outside of a Binary
– Identify as male, female, neither, or both– Some countries have Made Small Inroads
• e.g. NZ have permitted passports and drivers licences in “X”
• A World in which the Other is No Longer Stigmatised
• A World where Diversity is not Pathologised• Children will have a Supportive Environment to
Explore and Identify