Sustaining Trans* Individuals' Claim to Medical Negligence

2015

The protection of sexual orientation and gender identity is going through major changes in the Indian legal system following two important judgments recently delivered by the Supreme Court. This essay aims to shed light on some of the peculiar and sometimes controversial arguments which led the apex court to uphold a colonial-era law that criminalizes homosexuality but, a few months later, create the "third gender" status for transgender people and issue a series of directions to the Central and the State governments, including treating transgender persons as socially and educationally backward classes of citizens by extending reservations in public education and employment.

URI, 2020

Nashim: A Journal of Jewish Women's Studies & Gender Issues

Clinical case reports international, 2021

Denoting to a person whose sense of personal gender identity corresponds with their assigned birth sex. Gender identity Internal sense of being male or female or identifying with both or neither. Intersex or DSD (a disorder of sexual differentiation) Denoting to a person born with reproductive or sexual anatomy that does not fit typical definitions of female or male Transmasculine: denoting to a transgender person who was assigned female at birth, but identifies with masculinity to a greater extent than with feminity. Transgender: denoting to a person whose sense of personal gender identity does not correspond with the assigned birth sex Transwoman or transfeminine Denoting to a transgender person who was assigned male at birth, but identifies with femininity to a greater extent than with masculinity.

Current Sexual Health Reports, 2020

Purpose of review. To summarize and critically evaluate the moral principles invoked in support of zero-tolerance laws and policies for medically unnecessary female genital cutting (FGC). Recent findings. Most of the moral reasons that are typically invoked to justify such laws and policies appear to lead to a dilemma. Either these reasons entail that several common Western practices that are widely regarded to be morally permissible and are currently treated as legal—such as intersex “normalization” surgery, female genital “cosmetic” surgery performed on adolescent girls, or infant male circumcision—are in fact morally impermissible and should be discouraged if not legally forbidden; or the reasons are being applied in a biased and prejudicial manner that is itself unethical, as well as inconsistent with Western constitutional requirements of equal treatment of individuals before the law. Summary. In the recent literature, only one principle has been defended that appears capable of justifying a zero-tolerance stance towards medically unnecessary FGC without relying on, exhibiting, or perpetuating unjust cultural or moral double standards. This principle holds that, in countries whose ethicolegal traditions are shaped by a foundational concern for individual rights, respect for bodily integrity, and personal autonomy over sexual boundaries, all non-consenting persons have an inviolable moral right against any medically unnecessary (or medically deferrable) interference with their genitals or other private anatomy. In such countries, therefore, all non-consenting persons, regardless of age, race, ethnicity, parental religion, assigned sex, gender identity, or other individual or group-based features, should be protected from medically unnecessary genital cutting, regardless of the severity of the cutting or the expected level of benefit or harm.

SHODH SARITA JOURNAL OF ARTS, HUMANITIES AND SOCIAL SCIENCES, 2020

While discussing the rights of transgender, we must also discuss the obligations of the state, community, and the individual. One question that arises in one's mind, is, should the transgender people live with stigmatisation? Religion attaches importance that the transgender people should live their normal life, it also makes it clear that determination of gender is on God and part of the journey on the planet. The final decision of the gender is on God. The quality of life is equal with everyone, if not more important than the life of normal people. This article discusses the definition of transgender prevalence and status of transgender in India, rights of transgender Act, the transgender persons (Protection of Rights) Act, 2019, key issues that transgender people face, and discrimination and harassment and rights of God. Certain recommendations have been offered for the transgender people, how they can be economically independent and live in a more dignified manner.

2015

Legal measures that determine when intersex genital surgeries may be performed ......... 4.3.1. Informed consent guarantees: Judgments by the Constitutional Court of Colombia 4.

Our Heritage, 2020

The transgender communityalso referred asHijras, eunuchs,Kothis, Aravanis, Jogappas, Shiv-Shakthisetc (1) have a special status in the ancient tradition and other religious texts. The transgender representation in ancient tradition and the religious literature is unparalleled, there is a long recognition of gender(s) other than male and female in India.

Legal FOxes, 2020

The blog discusses the ongoing FGM crisis in various sections of the society.

Health and Human Rights, 1999

The problem of changing the civil status of transsexuals has been tackled in different ways in various European countries. Six applications made by transsexuals have led to judgments by the European Court of Human Rights. These cases illuminate some specific aspects of the relationships between health, law, and human rights, including criteria used to determine gender and the impact of authorities' refusal to modify civil status, which may be seen as violating the right to be free from inhuman or degrading treatment; respect for the private and family life of transsexuals; and the right to marry. Only one Court decision found a State party (France) to be in violation of the ECHR for refusing a transsexual the right to change civil status. This judgment, however, has left open a number of outstanding issues. Le problerme du changement de l'tat civil des transsexuels a et6 l'objet d'approches diverses dans les differents pays d'Europe. Six requetes de la part des transsexuels ont abouti a des jugements a la Cour Europeenne des Droits de l'Homme (CEDH). Ces cas illustrent certains aspects specifiques des rapports entre la sante, le droit et les droits de la personne y compris les crite'res de determination du genre et l'impact du refus de la part des autorites de modifier l'etat civil, ce qui peut etre considere comme une violation du droit de ne pas subir de traitement d6gradant ou inhumain, du droit au respect de la vie privee et de la vie de famille des transsexuels et du droit au marriage. Un seul jugement de la Cour a declare qu'un etat (la France) avait manque aux regles de la CEDH pour avoir refuse a un transsexuel le droit de changer son etat civil. Neanmoins ce jugement n'a pas retpondu a de nombreux autres questions qui ont ete laissees en suspend. El problema de cambiar la condicion civil de los transexuales se ha abordado de diferentes maneras en distintos paises europeos. Seis solicitudes hechas por transexuales han requerido dictimenes por parte de la Corte Europea de Derechos Humanos. Dichos casos sirven para esclarecer algunos aspectos especificos de la relaci6n entre salud, legislaci6n y derechos humanos tales como los criterios utilizados para determinar el genero y el impacto producido por el rechazo de las autoridades a peticiones de modificar el estado civil. Este rechazo puede ser visto como una violaci6n al derecho de no sufrir un trato inhumano o degradante, al respeto por la privacidad y la vida familiar de los transexuales, y al derecho a casarse. Solamente en uno de estos casos, la Corte encontr6 que un Estado signatario (Francia) habia violado la CEDH al denegar el derecho de un transexual a cambiar su estado civil. Este dictimen, sin embargo, deja sin resolver un amplio espectro de asuntos.

Clinical Ethics, 2017

A UK doctor was recently acquitted of charges of reinstating a variety of female genital mutilation after delivering a child. In this paper, I contend that this incident reflects a broader confusion concerning the ethico-legal status of non-therapeutic genital surgeries for children and adults, which are not derivable from tenets of medical ethics, but rather violate them. I argue that medical professionals have an obligation to announce and address this confusion in order to motivate legislative reform, since the inconsistency of the current law entrenches the underlying sexism and ethnocen-trism upon which its sense depends. Without convincing arguments for (a) condoning male circumcision and female cosmetic genital surgery and for (b) treating adult women of colour as lacking the capacity to consent, the current legislation stands in need of urgent revision.

Journal of law and medicine, 2001

Genital surgery is one of the most controversial and contested practices, yet it is frequently described and referred to with little or no attention to cultural and social context. This article examines the practice, performed on both men and women, and the extent to which it clashes with issues of consent and capacity, as well as multicultural concepts of toleration for minority group practices. It then questions why female genital surgery, unlike male genital surgery, is legally prohibited in Australia. It argues that such legal gender bias stems from a liberal conception of "tolerance" and the limits of consent in Australia, placing female genital surgery in an "unacceptable" category and male genital surgery in an "acceptable" category.

U. Pa. J. Const. L., 2002

This case involves the most basic of questions. When is a man a man, and when is a woman a woman? Every schoolchild, even of tender years, is confident he or she can tell the difference, especially if the person is wearing no clothes. These are observations that each of us makes early in life and, in most cases, continue to have more than a passing interest in for the rest of our lives. It is one of the more pleasant mysteries. The deeper philosophical (and now legal) question is: can a physician change the gender of a person with a scalpel, drugs and counseling, or is a person's gender immutably fixed by our Creator at birth?'