Jamaican Intersex (ambiguous genitalia) baby case a cause for concern #learning moment

While I appreciate the highlighting of issues such as this that do get a lot of mainstream ventilation they have a way of misleading the public but showing up the arrears that need addressing.

Firstly Intersex people differ from transgender people as their status is not gender related but instead relates to their biological makeup (genetic, hormonal and physical features) which is neither exclusively male nor exclusively female, but is typical of both at once or not clearly defined as either. These features can manifest themselves in secondary sexual characteristics such as muscle mass, hair distribution, breasts and stature; primary sexual characteristics such as reproductive organs and genitalia; and/or in chromosomal structures and hormones. The term intersex has replaced the term ‘hermaphrodite’ which was used extensively by medical practitioners during the eighteenth and nineteenth centuries.

At Least 30 or 40 Different variations are known to science; 10--‐80% Of cases are idiopathic, with no exact diagnosis.

Some Common intersex variations are diagnosed prenatally, others may be apparent at birth. Some Intersex traits become apparent at puberty, or when trying to conceive, or through random chance. However, most intersex characteristics are not pathological, but express healthy variation amongst human bodies.

Inspire Jamaica a positive feature aired on CVM TV had as its latest subject baby ‘Angel’ and her mother speaking to the issues surrounding ambiguous genitalia and or intersexuality (although the word was not used in the clip not even by the doctor interviewed) and that the mother had bought male clothing and related items only to be instructed by the gynaecologist to wait whilst also asking the Registrar General Department to amend the birth papers and such to female gender.

CMV TV's video on the subject (part 1)

I was a bit disturbed by that and then to be landed with the doctor’s encouragement to the mother go ahead the surgery to effectively select the baby’s gender as opposed to waiting until baby X reached possibly eighteen years of age seeing that is our age of adulthood in law; persons may not want to remain as forced on them by doctor through the mother and may have consequences in later years.

Despite the doctor who respectfully is the expert in this matter had indicated that there were no chromosomes suggesting a male and no descended testicles he thought it best to default the child to female at this early stage owing to the issues to do with gender in the brain versus sex; in other words gender is between the ears male brain versus female brain versus not matching what is between the legs which is why I would have thought the doctor should have waited; there are cases for example here in Jamaica from as early as 2009 where it was even discussed on radio with Emily Crooks and Clyde Williams when they hosted the morning show on Nationwide radio on September 11 2009 with Dr Peta Ann Baker, see a previous post: What if Semenya were a Jamaican? 2009 for Miss Baker's take on the issues then.

During puberty the genitalia can change alongside genes and internal characteristics with many variations of the combinations, with regards to chromozones, gonads etc. which is why the experts should have waited. There is new information as well and the push by intersex activists as well thanks to them for my own enlightenment. The rush to gender reassignment surgery is wrong especially for cosmetic reasons and the fears of the parents; early surgery can cause issues as such persons mature futuristically is problematic. Again I am not an expert in endocrinology by there is enough information out there and that gender is not binary. We should wait until the age of majority in Jamaica legally which is 18 and let them choose while educating them.

We do not do the best for our children in this rigid way. I am waiting to see the part 2 of what the doctor actual recommended in the series and I hope he didn't recommend surgery.

Difficulties presented by the binary gender model and gender stereotypes

Negative attitudes towards trans and intersex people are directly correlated to the importance that a determinate society places on the binary gender model and the level of gender stereotypes, sexism and gender inequalities that exist within it. The binary gender model classifies both sex and gender into two distinct and exclusive forms of masculine and feminine identities. This system is maintained through a cisnormativity system which legitimises and privileges those who are comfortable in the gender belonging to the sex assigned to them at birth through various practices and institutions.

Additionally, this norm systematically disadvantages and marginalizes all persons whose sex, gender identity and gender expression do not meet social expectations. This happens through the enforcement of wide boundaries between the two sexes (and their corresponding genders) to discourage people from crossing them or establishing alternative third sexes or third genders. Gender stereotypes also play a significant role in othering and marginalizing trans and intersex people. In fact, gender stereotypes that favour a particular form of ‘masculinity’ in relation to men and a particular form of ‘femininity’ in relation to women expose many trans and intersex people to institutionalized discrimination.

also see:

More on Intersexuality 2010

Caster Semenya or Buju Banton 2009

Jamaican Inter-phobia, lack of understanding Inter-sexuality 2010

A RELIGIOUS PERSPECTIVE ON THE CASTER SEMENYA ISSUE
FEMALE MASCULINITY: DISRUPTING STANDARDS OF BEAUTY AND REDEFINING WOMANHOOD

INTERSEXUALITY, AMBIGUOUS GENITALIA & PSYCHO-SOCIAL ISSUES DISCUSSION ON NATIONWIDE RADIO JAMAICA 11.09.09 

more entries from GLBTQ Jamaica Wordpress blog on intersex issues HERE

Peace & tolerance

H

IOC rules transgender athletes can take part in Olympics without surgery

Female-to-male athletes can compete ‘without restriction’, while male-to-female athletes must undergo hormone therapy, according to new guidelines

Source: Guardian

Transgender athletes should be allowed to compete in the Olympics and other international events without undergoing sex reassignment surgery, according to new guidelines adopted by the IOC.

International Olympic Committee medical officials said on Sunday they changed the policy to adapt to current scientific, social and legal attitudes on transgender issues.

Rio 2016: hopes high that Games can reacquaint world with sport’s good side

The guidelines are designed as recommendations – not rules or regulations – for international sports federations and other bodies to follow and should apply for this year’s Olympics in Rio de Janeiro.

“I don’t think many federations have rules on defining eligibility of transgender individuals,” IOC medical director Dr Richard Budgett said. “This should give them the confidence and stimulus to put these rules in place.”

Under the previous IOC guidelines, approved in 2003, athletes who transitioned from male to female or vice versa were required to have reassignment surgery followed by at least two years of hormone therapy in order to be eligible to compete.

Now, surgery will no longer be required, with female-to-male transgender athletes eligible to take part in men’s competitions “without restriction”.

Meanwhile, male-to-female transgender athletes will need to demonstrate that their testosterone level has been below a certain cutoff point for at least one year before their first competition.

“It is necessary to ensure insofar as possible that trans athletes are not excluded from the opportunity to participate in sporting competition,” the IOC said in a document (pdf) posted on its website that outlines the guidelines. “The overriding sporting objective is and remains the guarantee of fair competition.

“To require surgical anatomical changes as a precondition to participation is not necessary to preserve fair competition and may be inconsistent with developing legislation and notions of human rights,” it added.

The guidelines, first reported by Outsports.com, were approved after a meeting in November 2015 in Lausanne, Switzerland, of Olympic officials and medical experts.

Budgett said there were no plans for the guidelines to be sent for approval by the IOC executive board.

“This is a scientific consensus paper, not a rule or regulation,” he said. “It is the advice of the medical and scientific commission and what we consider the best advice.”

Former IOC medical commission chairman Arne Ljungqvist, who was among the experts involved in drafting the new guidelines, said the consensus was driven by social and political changes.

“It has become much more of a social issue than in the past,” he told Associated Press. “We had to review and look into this from a new angle. We needed to adapt to the modern legislation around the world. We felt we cannot impose a surgery if that is no longer a legal requirement.

“Those cases are very few, but we had to answer the question,” he added. “It is an adaptation to a human rights issue. This is an important matter. It’s a trend of being more flexible and more liberal.”

Under the new rules, an athlete transitioning to a woman must undergo hormone therapy and demonstrate that the total level of male testosterone in the blood has been below 10 nanomols per litre for at least a year prior to competing.

The previous rule stated that, in addition to reassignment surgery, the athlete required a minimum of two years of hormone treatment. How long it will take the athlete to reach the new cutoff limit will depend on individual cases, Ljungqvist said.

“If you change sex, you will have to have a hormone level below 10 for 12 months,” he said. “That does not mean a one-year guarantee. You don’t go below 10 from day one. It takes quite some time. It can take more than one year or two years.”

The issue gained extra prominence after former Olympic decathlon champion Caitlyn Jenner announced last year that she had transitioned to a woman.

The IOC document also cited the case of hyperandrogenism, or presence of high levels of testosterone in female athletes.

Indian sprinter Dutee Chand was suspended by the IAAF in 2014 due to hyperandrogenism and missed the Commonwealth games and Asian games.

But the court of arbitration for sport (CAS) suspended the rule last year, saying the IAAF had failed to prove that women with naturally high levels of testosterone had a competitive edge. Chand was cleared to compete, and the court gave the IAAF until July 2017 to present new scientific evidence.

The IOC statement urged the IAAF and others to go back to the CAS with arguments in favor of reinstating the rule.

“To avoid discrimination, if not eligible for female competition, the athlete should be eligible to compete in male competition,” the IOC said.

The issue of gender verification gained global attention after South African runner Caster Semenya was ordered to undergo sex tests after winning the 800m world title in 2009. She was eventually cleared to compete by the IAAF and won silver in the 800m at the 2012 London Olympics.

The IOC used to conduct gender verification tests at the Olympics, but those chromosome-based screenings were dropped before the 2000 Sydney Games because they were deemed unscientific and unethical.

Indian Ministerial Committee Considers Granting Third Gender Status to Transgender Persons

NEW DELHI: 

The government has constituted an inter-ministerial committee to pursue implementation of the recommendations of an Expert Committee, seeking "third gender" status for transgenders, Lok Sabha was informed today.

Minister of State for Social Justice and Empowerment Sudarshan Bhagat(above), in a written statement in Lok Sabha said the key recommendation of the Committee formed by the government was that the transgender should be declared as third gender.

He said the other recommendations include access to health-care, educational opportunities at all levels without stigma and discrimination, formulation of umbrella schemes and others.

The Supreme Court in its judgment had directed the Centre and state governments to take steps for framing various social welfare schemes for betterment of transgender persons, take proper measures to provide medical care, hospital and others.

"The expert committee has recommended a state level authority duly designated or constituted by the respective states/UTs on the lines of Tamil Nadu Transgender Welfare Board.

"An Inter-Ministerial committee has been constituted to pursue implementation of Expert Committee's recommendations," Bhagat said.

The minister said the Court has further directed to examine the recommendations of the Expert Committee based on legal declaration made in its judgement and implement them.

Replying to another question, he said that "keeping in view the socio-cultural-economic and technological developments in the last decade, the National Policy on Older Persons (NPOP), 1999 is being revised by the department of Social Justice and Empowerment to include promotion of measures to create avenues for continuity in employment or post retirement opportunities for senior citizens".

Bhagat said the NPOP, 1999 recognizes that 60 plus phase of life is a huge untapped resource and proposes that facilities be provided to senior citizens so that their potential is utilized.

To carry forward the spirit of the policy, various programmes like computer training for senior citizens, school programme for inter-generational bonding are being carried out.

Transgender folks celebrate with a cake after the Supreme Court'­s verdict recognizing third gender category, in Mumbai, India, April 15, 2014. Rajanish Kakade/AP

India’s Supreme Court had issued a landmark ruling in April that allowed hundreds of thousands of transgender people to identify themselves as a third gender. Human rights groups are lauding the decision as historic and groundbreaking.

“It is the right of every human being to choose their gender,” the court wrote.

“Recognition of transgenders as a third gender is not a social or medical issue but a human rights issue,” Justice K.S. Radhakrishnan, one of the two head judges on the Supreme Court bench, told the court.

The high court has ordered the government to allocate public sector jobs to transgender people, known as “hijras” and include them in welfare programs.

The court ruling is a result of a petition filed by a group of transgender people that argued their community was marginalized both economically and socially. Arguing that their non-legal status has led to further discrimination, hate crimes, and lack of access to jobs and education, the petitioners asked the government to grant them formal recognition for the first time in India’s history.

“Transgenders are also citizens of India,” said the court in its order. “The spirit of the Constitution is to provide equal opportunity to every citizen to grow and attain their potential, irrespective of caste, religion or gender.”

Federal and state governments will need to recognize the third gender on birth certificates, passports and driving licenses. The government will also consider transgender individuals a minority to help fill quotas in jobs and schools.

One of the petitioners in the case, transgender activist Laxmi Tripathi, told reporters outside the Delhi courthouse that the court’s decision will advance equality in India.

“Today, for the first time I feel very proud to be an Indian,” Tripathi said.

While India now recognizes the transgender community as a third gender, the ruling only applies to transgender people and not gays, lesbians or bisexuals. In December, the Supreme Court reversed a 2009 court order that decriminalized homosexuality, reinstating a ban on gay sex.

The androgynous blurring of the sexes

Anthony Gomes

Source

THE Observer reported on the latest debasement of Christian marriage that should exist between a man and a woman for the purpose of procreation. Motivation for the report was clearly notoriety and curiosity.The report described the civil union marriage of a 66-year-old ex-fireman with a Jamaican lesbian some 30 years his junior.
The blurring and confusion of the sexes occurred, because the ex-fireman, after previous sequential marriages to three wives, underwent an operation to change his sex from male to female, paid for by the British National Health Service. He has a 41-year-old daughter by an earlier marriage who has distanced herself from her father, unlike the former wife who generously hosted the recent wedding at her home in Kings Lyn in Britain. The couple met on an international dating website and after spending two weeks together decided to get married. Christians believe that such behaviour is morally reprehensible, which takes sexual blurring to a new level of notoriety.

POPE BENEDICT XVI... saving humanity from homosexual and transsexual behaviour is just as important as saving the rainforest from destruction

The Roman Catholic religion states clearly thus: "The matrimonial covenant, by which a man and a woman establish between themselves a partnership of the whole of life, is by its nature ordered toward the good of the spouses and the procreation and education of offspring; this covenant between baptised people has been raised by Christ the Lord to the dignity of a sacrament." According to the Vatican: "The Catholic Church contests these revolutionary innovations which, in the name of freedom, seek to legitimise a union regarded by the universal consciousness as going against nature". Apart from being in sync with the changing times, contemporary liberalism has gone beyond the realm of propriety in its expectations.
Pope Benedict XVI has issued a caution to deviants that the gender theory blurred the distinction between men and women and could thus lead to "self-destruction" of the human race. "Saving humanity from homosexual and transsexual behaviour is just as important as saving the rainforest from destruction. Rainforests deserve, yes our protection, but the human being does not deserve less."

Over time there have been calls in Jamaica for the legalisation of polygamy so that husbands could, if able to afford it, acquire multiple wives, and polyandry where wives could have more than one husband. There are tribes in Africa that practise such multiple relationships. In such arrangements wives are graded senior and junior without age limits. Jamaica is already burdened with wayward husbands, companions and partners, who indulge in multiple relationships overt or covert, or both, so that the only wife who knows where her husband is all of the time is a widow!
So far there have not been any demands to introduce as acceptable, the "ultimate frolic" that goes by the name of polyamory that totally abandons any vestige of religion, and sometimes turns violent, resulting in gang rape. According to an article by attorney-at-law Shirley Richards, polyamory is defined as the "practice of relationships within groups of three or more people, where at least one person in the group has more than one intimate relationship at a time. Polyamory configurations also exist as groups, where all parties are intimate with each other, or as groups with four or more members". This pagan activity is the ultimate heathen abandonment without any trace of Christian virtue.

Freedom of the individual to alter his God-given human status by changing his sex from male to female by medical procedure overlooks that man is created in God's image, so such elected and selfishly motivated alterations are an affront to the work of a transcendent, intelligent and good Being called God. If the union, by some stretch of the imagination, is described as a same-sex marriage, it then becomes a relationship composed of incongruous elements, without the benefit of the ability to procreate. Therein lies the serious challenge to society that in some countries would approve child adoption for same-sex unions. Such a conjugal relationship destroys the family unit that is the foundation of society.

In all matters of same-sex relations the problem of children arises. It is near to inevitable that any child so adopted, would unavoidably be socialised into a similar lifestyle as their legal "parents/guardians" that eventually confers in adulthood the same homosexual legacy applied to the lifestyle of their "parents/guardians". This is, in essence, what Pope Benedict XVI's caution to deviants could mean regarding blurring of the sexes as the potential for self-destruction of the human race.
Within the super-developed nations of the Western Hemisphere as with all cyclical historical events, super-development is followed by the dissipation of moral and spiritual values similar to Greco/Roman times, with the ascendancy of materialism that spawns the related ills of greed, corruption and lawlessness. The symptoms of this development are evident in today's Western world that forms a main part of the worldwide threat to Christianity which increases daily.

The possible effect of events described above on young adults can be detrimental to their understanding of things related to life in the spirit and Christian values. Strong parental guidance and peer pressure are the two influences which come to bear at this critical juncture in the lives of minors. There are many deviant concepts of life in the public domain that need to be sifted out of the story of true-life values. It is not an easy task, but one that every parent needs to take very seriously in today's toxic moral environment.

Landmark Kenyan Intersexed Case .... "third gender" application to the statutes rejected

A landmark court case filed by Richard Muasya, an intersex person, has been decided by Kenyan High Court judges Hannah Okwengu, Ruth Sitati and George Dulu. Richard Muasya has been awarded Sh500,000 for the inhuman and degrading treatment he experienced at Kamiti Maximum Prison. His request to have a third gender introduced into Kenya’s books of statutes has been rejected. …

MEDIA commentary throughout the trial has focused on religious arguments that instituting a “third sex” or “third gender” will somehow open the floodgates to homosexuality in Kenya.

According to his testimony, Richard Muasya has experienced lifelong persecution simply for being born intersex – such persecution is motivated by the fear that the person in question has somehow been born with a body that is intrinsically homosexual. As a result he was refused a birth certificate and other official documentation throughout his life, making it impossible to live as a normal human being.

Besides the homophobic argument against an official third sex or gender – OII Australia believes that such constructs are not useful to intersex people anyway – the other argument against Muasya is that intersex does not exist in Kenya and that he is the only one in the country.

If that is the case, the Kenya is surely unique among all the world’s nations. In reality, intersex people exist in every nation and in far higher numbers that are commonly believed.

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

PETITION NO.705 OF 2007

IN THE MATTER OF SECTION 84(1) OF THE CONSTITUTION OF

KENYA

AND

IN THE MATTER OF ALLEGED CONTRAVENTION OF

FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

UNDER SECTIONS 74(1), 77(1), 82(1), (3) AND (8) OF THE

CONSTITUTION OF KENYA AND BREACHES OF SECTIONS 28,

30, 31 AND 38 OF THE PRISONS ACT CAP 90, RULES 25(1),

103 AND 104 OF THE PRISONS RULES, SECTION 2B AND 7 OF

THE BIRTHS AND DEATHS REGISTRATION

ACT CAP 149

BETWEEN

RICHARD MUASYA………………............PETITIONER/APPLICANT

VERSUS

THE HON. ATTORNEY GENERAL………….........1ST RESPONDENT

(Being sued on his own behalf)

THE COMMISSIONER OF PRISONS……………...2ND RESPONDENT

THE COMMISSIONER OF POLICE……………….3RD RESPONDENT

THE REGISTRAR OF BIRTHS AND DEATHS…4TH RESPONDENT

HON. EVANS K. MAKORI MAGISTRATE………..5TH RESPONDENT

AND

THE KENYA HUMAN RIGHTS COMMISSION………………………………………..1ST AMICUS CURIAE

THE KENYA GAY AND LESBIAN TRUST……2ND AMICUS CURIAE

KENYA NATIONAL COMMISSION FOR

HUMAN RIGHTS…………………………............3RD AMICUS CURIAE

THE LEGAL RESOURCES

FOUNDATION (LRF)……………………1ST INTERESTED PARTY

THE CHILDREN’S RIGHTS ADVISORY

DOCUMENTATION LEGAL

EDUCATION FOUNDATION (CRADLE).2ND INTERESTED PARTY

KITUO CHA SHERIA LEGAL ADVICE

CENTRE………………………………………3RD INTERESTED PARTY

CENTRE FOR RIGHTS, EDUCATION AND

AWARENENSS FOR WOMEN

(CREAW)………………………………………4TH INTERESTED PARTY

KENYA CHRISTIAN LAWYERS

FELLOWSHIP………………………………5TH INTERESTED PARTY

ARGUMENTS IN FAVOUR OF THE PETITION:

Petitioner’s Submissions

15. Mr. Chigiti who argued the petition on behalf of the petitioner, submitted that the petitioner being a person who because of a genetic condition was born with reproductive organs or chromosomes that were not exclusively male or female is an intersexual. Noting that there was no legal definition of an intersex in Kenyan Law, he referred the court to the definition in “The Judicial Matters Amendment Bill, 2005 of South Africa,” which proposed to amend the Promotion of Equality and Prevention of Unfair Discrimination Act 2000 (PEPUDA), by introducing a definition of intersex as follows: Intersex means congenital physical sexual differentiation which is atypical to whatever degree. This definition is already included in Section 1of the South African “Alteration of Sex Description and Sex Status Act No.49 of 2003.” Reference was also made to “The Legislation Act 2001” of Australia, which defines an intersex as “a person who because of a genetic condition was born with reproductive organs or sex chromosomes that are not exclusively male or female”.

16. Our attention was drawn to the medical report prepared by Dr. Nyakeri a Medical Officer at Kamiti Prison. This report showed that the petitioner had undeveloped male and female sexual organs, and had male hermaphroditism. It was submitted that in terms of the above referred to definitions, the petitioner was an intersex, the term hermaphrodite being no longer in use. It was argued that as an intersex person, the petitioner has no legal recognition before the law. This is evident in the Births and Deaths Registration Act, Cap 149 Laws of Kenya which makes no mention or reference to intersex. As a result of such omission, the petitioner(and others like him), are not treated equally before the law.

17. An issue was taken with Section 7 of the Births and Deaths Registration Act, which requires every birth to be registered and “prescribed particulars” to be maintained, and Section 2 of the same Act which defines“prescribed particulars” to mean:

“(a) as to any birth, the name, sex, date and place of birth, and the names,residence, occupation and nationality of the parents;

(b) as to any death, the name, age, sex, residence, occupation, and nationality of the deceased, and the date, place and cause of death ---”

18. It was pointed out that in line with the above definition, the forms provided in the schedule in the Births and Deaths Registration Act, made provision for only two check boxes for “male” or “female”. Since the particulars in the forms are the ones that facilitate the issuance of a Birth Certificate, an Applicant must fill either box. Leaving both boxes blank, would result in an Applicant not being issued with the Birth Certificate, a document which is viewed by the petitioner as a very crucial document for his identity.

It was argued that because Form B1 makes no provision for intersex persons, the petitioner and others like him lack legal recognition and statutory protection. It was submitted that there is therefore no equality before the law for intersex persons who are neither male nor female, men or women, boys or girls, him or her.

19. Taking the argument on lack of legal recognition, further it was contended that the issuance of a Birth Certificate to any person under the Births and Deaths Registration Act, means that such a person is recognized and acknowledged as being in existence Such a person then, becomes entitled to a number of human rights.

Such rights include the following:-

 Access to healthcare

 Access to immunization (this is part of healthcare)

 Enrollment in school at the right age

 Enforcement of laws relating to minimum age for employment,

assisting efforts to prevent child labour

 Effectively countering forced marriage of young girls before

they are legally eligible, without proof of marriage

 Protection against under-age military service or conscription

 Protection from child harassment by police and other law

enforcement officers

 Securing a child’s right to nationality either at birth or at a

later date

 Protection against trafficking in children including repatriation

and family reunion

 Getting a passport, opening a bank account, obtaining credit voting or finding employment.

.....................Reliance was placed on the Australian case of Re A (1993), Deakins Law Review, Vol. 9, Issue No. 2 at page 380, wherein the court in regard to a decision to determine gender and give consent to sex correction surgery, held that the decision to proceed with the proposed treatment did not fall within the ordinary scope of parental power to consent to medical treatment. The court proceeded to give consent to the surgery having given due consideration to expert evidence.

49. It was argued that there was need for appropriate legislation or rules and regulations that govern parental responsibility and corrective surgeries on intersexual children. The court was urged to apply the provisions of the Children’s Act 2001 .........................

Please read the entire 94 Paged ruling and background on this landmark petition (PETITION 705.07) in PDF.

also see Kenyan Jurist – The Intersex case

Peace and tolerance.

H

Richard Muasya Ruling