Sex and Gender Diversity: Differences within Diversity

Rights and Recognition

Friday 14:00-14:30 IMPLICATIONS OF IDENTITY RECOGNITION LAWS FOR HEALTH CARE SERVICE PROVIDERS

Peter Hyndal, A Gender Agenda

Contact: peter@genderrights.org.au; www.genderrights.org.au

PRESENTER’S BIO:

Peter Hyndal has been actively involved in the LGBT community in Canberra since the early 1990s (as a lesbian, as a gay man and also as a trans person!). He has been involved with a number of LGBT organisations who have lobbied for legislative reform. He is a founding member of A Gender Agenda which is an ACT based organisation seeking to improve the health and wellbeing of sex and/or gender diverse people.

ABSTRACT:

Perhaps the two most well regarded institutions in our society are Medicine and the Law. The way that an individuals sex is officially recognised is assumed by most to be an issue of law. The law being something that is viewed as abstract and complex and of little consequence to the everyday lives of most people. In stark contrast, the way that an individual’s health needs are met is assumed by most to be driven by a basic principle that the practitioner serves the best health interests of the individual patient.  Conceptually, in our society we would agree that there is clearly a role for government in the making of laws but not in determining the most appropriate health care for an individual.  This paper will discuss how the current Identity recognition requirements in Australia blur this distinction and leave health practitioners in a position where it is, by definition, almost impossible for them to provide health care that is truly focussed around the best health interests of their sex and gender diverse clients.  For perhaps the first time in Australian history, legislators have determined what medical treatments are to be provided to a particular class of individuals. The consequences of this affect not only sex and gender diverse people, but also, potentially any other marginalised group in our society.

Friday 14:30-15:00 SEX FILES: WHERE TO FROM HERE?

Kate Temby, Australian Human Rights Commission

Contact: kate.temby@humanrights.gov.au; www.humanrights.gov.au

PRESENTER’S BIO:

Kate Temby is the Director of the Human Rights Unit at the Australian Human Rights Commission. Kate has worked at the Commission for eight years, on a range of human rights policy projects. She was a key researcher for the Same-Sex, Same Entitlements project, and oversaw the Sex Files project regarding the legal recognition of sex in documents and government records. 

ABSTRACT:

In 2008-2009 the Australian Human Rights Commission completed ground breaking research into the legal recognition of sex in documents and government records. The project employed an innovative on-line consultation methodology as well as face-to-face consultations. The Commission recommended a range of reforms, informed by two key principles: broader access to the system for having sex legally recognised to accord with sex identity; and a streamlined process for amending documents. This paper will provide an overview of the Sex Files project, the key recommendations and an update on steps taken to advocate for the implementation of the report's recommendations.

To view or download Temby's paper, click here.

Friday 15:00-15:30 TRANS PEOPLE'S RIGHT TO HEALTH AND HUMAN RIGHTS ISSUES FOR INTERSEX PEOPLE - THE NZ HUMAN RIGHTS COMMISSION'S TRANSGENDER INQUIRY

Jack Byrne, Human Rights Commission

Contact: jackb@hrc.co.nz; www.hrc.co.nz/transgenderinquiry

PRESENTER’S BIO:

Jack Byrne is a Senior Policy Analyst at the New Zealand Human Rights Commission. In 2006 and 2007 he project-managed the Commission's Transgender Inquiry. Since the publication of the Inquiry's final report in early 2008 he has worked with trans communities, health practitioners and policy makers on progressing the Inquiry's health recommendations particularly the need to develop best practice guidance. He has also coordinated two roundtables on specific human rights issues identified by intersex people. Jack is an active member of trans communities in New Zealand and values this opportunity to learn from the experiences of sex and gender diverse communities in Australia.

ABSTRACT:

In 2006 and 2007 New Zealand Human Rights Commission conducted a public inquiry into discrimination experienced by trans people. The Commission heard from whakawaahine, tangata ira taane, fa'afafine, fakaleiti, akava'ine, cross dressers, gender queer people, FtMs, MtFs, and transsexual and transgender people - many of whom simply lived their lives as women or men.  The Inquiry focused on discrimination (including by health providers), access to public health services and legal recognition (including the extent to which medical interventions are required before sex details can be changed on documents such as birth certificates). It identified major gaps in availability, accessibility, acceptability and quality of medical services required by trans people seeking to transition.  The Inquiry's final report was published in January 2008. This presentation will describe its health findings and recommendations and progress to date in actioning them.  Trans people and health practitioners are currently developing a best practice guide setting out the type and quality of gender reassignment health services trans people should receive in the public health service.  From the outset, the Commission recognised intersex people faced very distinct issues so did not wish to subsume these under an inquiry focused on human rights for trans people. However intersex people came to the Inquiry hearings to raise their concerns. These are documented in the Inquiry's final report which recommended further in-depth work was needed. In July 2009 and February 2010 the Commission bought together intersex people and groups, family members, health professionals and academics for two round table discussions. This presentation will briefly summarise key health issues raised in those meetings.  In the final ten minutes, it would be valuable to hear about  Australian sex and/or gender diverse community advocates' involvement developing best practice guidance jointly with health professionals and/or policy makers.