GENDER IDENTITY DISORDER: Human and sexual rights Mariateresa MOLO, Chiara CRESPI,

1. GENDER IDENTITY DISORDER: Human and sexual rights Mariateresa MOLO, Chiara CRESPI, Alessandro LA NOCE, Valentina MINECCIA Fondazione Carlo MOLO onlus Turin, Italy Centro Interdipartimentale Disturbi dell’Identità di Genere- Molinette A.O.U. San Giovanni Battista Hospital – Turin, Italy 20TH Congress for Sexual Health Glasgow UK, 12 – 16 June 2011

3. “Different cultures present the phenomenon in one form or another and has been incorporated in to cultures with varying degrees of social acceptance. Classical mythology, classical history, renaissance, and nineteenth century history along with cultural anthropology point to the widwspread pervasivness of the transsexual phenomenon”. Richard Green Appendix C of the “Transsexual Phenomenon” by Harry Benjamin, 1962

4. “Neither the existence of national lows, nor the prevalence of custom can ever justify the abuse, attacks, torture and indeed killings that gay, lesbian, bisexual, and transgender persons are subjected to because of who they are or are perceived to be” “Neither the existence of national lows, nor the prevalence of custom can ever justify the abuse, attacks, torture and indeed killings that gay, lesbian, bisexual, and transgender persons are subjected to because of who they are or are perceived to be”

5. PRINCIPLE 1.The Right to the Universal Enjoyment of Human Rights PRINCIPLE 2.The Rights to Equality and Non-discrimination PRINCIPLE 3. The Right to recognition before the law PRINCIPLE 4. The Right to Life PRINCIPLE 5. The Right to Security of the Person PRINCIPLE 6. The Right to Privacy PRINCIPLE 7. The Right to Freedom from Arbitrary deprivation of liberty PRINCIPLE 8. The Right to a Fair Trial PRINCIPLE 9. The Right to Treatment with Humanity while in Detention PRINCIPLE 10. The Right to Freedom from Torture and Cruel, Inhuman or Degrading Treatment or Punishment

6. PRINCIPLE 11. The Right to Protection from all forms of exploitation, sale and trafficking of human beings PRINCIPLE 12. The right to Work PRINCIPLE 13. The right to social security and to other social protection measures PRINCIPLE 14. The right to an adequate standard of living PRINCIPLE 15. The Right to Adequate Housing PRINCIPLE 16. The Right to Education PRINCIPLE 17. The Right to the Highest Attainable Standard of Health PRINCIPLE 18. Protection from Medical Abuses PRINCIPLE 19. The Right to Freedom of Opinion and Expression PRINCIPLE 20. The Right to Freedom of Peaceful Assembly and Association

7. PRINCIPLE 21. The Right to Freedom of Thought, Conscience and Religion PRINCIPLE 22. The Right to Freedom of Movement PRINCIPLE 23. The Right to seek Asylum PRINCIPLE 24. The Right to Found a Family PRINCIPLE 25. The Right to participate in public life PRINCIPLE 26. The Right to Participate in Cultural Life PRINCIPLE 27. The Right to Promote Human Rights PRINCIPLE 28. The Right to Effective Remedies and Redress PRINCIPLE 29. Accountability

8. PRINCIPLE n° 3 “Each person’s self-defined sexual orientation and gender identity is integral to their personality and is one of the most basic aspects of self- determination, dignity and freedom. No one shall be forced to andergo medical procedures, including sex reassignment surgery, sterilization or hormonal therapy, as a requirement for legal recognition of their gender identity. No status such as marriage or parenthood, may be invoked as such to prevent the legal recognition of person’s gender identity. No one shall be subjected to pressure to conceal, suppress or deny their sexual orientation or gender identity.”

9. ISSUE PAPER OF HUMAN RIGHTS AND GENDER IDENTITY (2009) Table of Contents I Introduction II International Human Rights LowIII Specific Human Rights Issues 3.1 Gender identify as a discrimination ground in Council of Europe member states 3.2 Legal recognition of the preferre gender 3.2.1 Condition for the change of sex and name 3.2.2 Consequence for family3.3 Access to health care 3.4 Access to the labour market 3.5 Transphobia and violence against transgender persons 3.6 Transgender refugees and migrants IV Good pratices V Recommendations to the Council of Europe member state Thomas Hammarberg, Council of Europe Commissioner for Human Rights

10. “Gender identity is one of the most fundamental aspects of life” The sex of a person is usually assigned at birth and become a social and legal fact from there on. However a relatively small number of people experience problems with being a member of the sex recorded at birth. These persons are referred to as ‘transgender’ or ‘transsexual’ persons.

11. …surgery leading to full gender reassignment a “medically necessary” treatment.

12. EUROPEAN COURT OF JUSTICE “Discrimination arising from the gender reassignment of the person is considered as discrimination on the ground of sex”

13. …human rights situation of transgender people in Europe is not positive. Good pratices are increasing (AHEAD Project)

14. “Sexual health is the integration of the somatic, emotional, intellectual, and social aspects of sexual being, in ways that are positively enriching and that enhance personality, communication and low. WHO - World Health Organization, 1974

15. 1978 Consider sexuality an integral part of the personality of every human being. Sexual rights are universal human rights based on the inherent freedom, dignity, and equality of all human beings.

16. DECLARATION OF SEXUAL RIGHTS Valencia 1997 Hong Kong 1999 Sydney 2007

17. ensure and protect sexual rights for all promote gender equality and equity combat all forms of sexuality related violence achives recognition af sexual pleasure as a component of holistic health and well-being

18. Principle 7 Is important to recognize that not all people identify as either male, famale, boy or girl, man or woman. Depending on cultural norms, individuals who do not fit in to the binary face varying challenges in developing positive sexual identities, being granted sexual citizenship, healthy relationship and well-being. It is important that these individuals be identified and assisted in their process of positive sexual identity development.

19. MISSION STATEMENT OF TRANSGENDER EUROPE Believes that the acknowledgment and acceptance of gender diversity is an integral part of a modern European society Works for the empowerment and self determination all trans people* Works to increase the visibility and acceptance of all trans people* Works to ensure that all trans people in Europe are afforded:

20. MISSION STATEMENT OF TRANSGENDER EUROPE ·acknowledgement, respect and equality for  the trans self ·acknowledgement, respect and equality of the gender diversity of the trans community ·acknowledgement, respect of trans people’s human rights including legal equality ·acknowledgement, respect and equality of trans people as European citizens. Works to combat the unlawful discrimination and unequal treatment experienced by trans people* Opposes the continued exotisation of trans people* and the persistent pathologisation of gender variance as a mental disorder.

21. IN ITALY?

22. LAW 14 april 1982, n. 164 “Norme in materia di rettificazione di attribuzione di sesso” “Rules of rectification of attribution of sex”

23. Only 7 rules • No differences among transsexual and transgender people • No mention about the right to medical and health care

24. Art. 4. (…)provoca lo scioglimento del matrimonio o la cessazione degli effetti civili conseguenti alla trascrizione delmatrimonio celebrato con rito religioso (…). The SRS takes the dissolution of marriage and the cessation of civil rights acquired after marriage

25. The marriage between persons of the same sex is prohibited (either religious or civil)

27. RELIGIOUS MARRIAGE The religious marriage is not allowed to transsexual people

28. CIVIL MARRIAGE YES!

29. Only 7 rules • No differences among transsexual and transgender people • No mention about the right to medical and health care

30. STANDARDS OF CARE (www.onig.it) • Italian standards of care based on W.P.A.T.H. Standards of Care • These standards are not state law,the professionals associates subscribe and respect them. ,

31. MEDICAL CARE • Sex Reassignment Surgery is dependent on the National Health System • Generally hormonal therapy is paid by patients with some exceptions

32. MEDICAL CARE • Vocal cord surgery is dependent on National Health System • Laser therapy is always paid by patients

33. MEDICAL CARE • Generally additive mastoplasty is paid by patients with some exceptions • Mastectomy is dependent on National Health System

34. Work and Study • Many difficulties to find/to mantain a job. “Unemployment is a major concern for transgender persons. When employed, many transgender people face problems at the workplace, continuous bullying by colleagues or being refused use of the preferred toilet. Some people are pushed to resign after being put under pressure, teasing, and insults”. • In some italian universities trans students can have a record book with grades of exams on which it is stated the name chosen and not the name listed on the official identity document

35. Law proposals(1) • Vladimir Luxuria said a draft law on rights for transsexual and transgender people (5 June, 2007). A revised of Law 164/82 • It was rejected by the Council of Ministers

36. Law proposals(2) • Renata Polverini said a draft law on rights (more strong sentences) for the victims of homophobia and transphobia • It was rejected by the Council of Ministers Minister for Equal Opportunities Italian political and trade unionist, former general secretary of the General Union of Labour (UGL)

37. Conclusions • In Italy there is a law allowing sex-change but it is old and does not consider many aspects of the transformation process (marriage, medical care…and other) • Compared to the legislation of other European countries, Italy still lags behind. • A review of law 164/82 is necessary as soon as possible

38. Thank you Corsaro, Trocadero de Montecarlo