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Gender-variance: From Ostracism to Recognition

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

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Gender-variance: From Ostracism to Recognition

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  1. Gender-variance: From Ostracism to Recognition Rogena Sterling - PhD Candidate at TePiringa - Faculty of Law, University of Waikato

  2. Right to Gender Identity and Development • Gender Identity and Biological Sex Diversity • Mechanisms of Gender Development • Internal Development • SocialisedDevelopment • 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

  3. 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

  4. 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

  5. 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”.

  6. 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

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