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ISRMUN 2017 Ave. Real San Agustín No. 4 CP. 66260 Garza García, N.L México. + (52) (81) 8625 1500 [email protected] THE UNITED NATIONS Human Rights Council ISRMUN 2017 Ave. Real San Agustín No. 4 CP. 66260 Garza García, N.L México. + (52) (81) 8625 1500 [email protected] Committee: United Nations Human Rights Council (UNHRC) Topic A: Improving the legal, social, and economic status of non-binary and transgender individuals Written by: Leopoldo Salinas, Raúl Correa and Guillermo Maldonado I. Committee Background The United Nations Human Rights Council (UNHRC) was created with the purpose of promoting, protecting and strengthening the universal human rights of all individuals. It was established on March 15, 2006 by the United Nations (UN) General Assembly as a replacement to the United Nations Commission on Human Rights. Moreover, its first session took place between June 19 and 30, 2006 in Geneva, Switzerland. Various issues such as freedom of association and assembly, freedom of expression, freedom of belief and religion, women's rights, LGBT rights, and the rights of racial and ethnic minorities are topics generally discussed by the UNHRC. Currently, the council consists of 47 member states which are selected by the General Assembly every three years (OHCHR, 2017). II. Topic information A) History of Topic A transgender individual refers to those whose gender differs from the one that they were given when they were born, while a non-binary person refers to a self- identification for genders that are not exclusively male or female (BeLonG To, 2017). ISRMUN 2017 Ave. Real San Agustín No. 4 CP. 66260 Garza García, N.L México. + (52) (81) 8625 1500 [email protected] Examples of non-binary include being “genderfluid” (the identification of being able to change gender) and “agender” (not having a gender) (National Center for Transgender Equality, 2016). Individuals who identify as transgender or non-binary are discriminated against legally, socially and economically. The idea of heteronormativity or bigenderism, the belief that there are only two genders which are dictated by an individual’s genitalia at birth, is the main contributing factor to this problem (Gilbert, Transgender Studies and Feminism, 2009). Heteronormativity has lead to acts of violence being committed against transgender and non-binary people. According to a survey conducted by the National Coalition of Anti-Violence Programs (NCAVP), 48% of all transgender and non-binary people have experienced a hate-motivated crime in their life. Many have not reported these crimes due to the fear of social discrimination or retaliation (Human Rights First, 2008). Moreover, transgender and non-binary people face social discrimination in simple acts such as using a public restroom. In 2016, almost 60% of all transgender and non-binary people in the United States (US) avoided using public restrooms in order to avoid physical, sexual or verbal violence. Political and religious leaders within the US have spoken out about transgender and non-binary people using public washrooms, saying that they should be banned in order to “protect children and preserve traditional values.” This point of view has contributed to fear and misunderstandings and in some areas of the US, increased the number of transgender and non-binary hate crimes (Trotta, Business Insider, 2016). Within the workplace, transgender and non-binary people face discrimination, however, it is much worse for those who identify as transgender. In a 2011 survey ISRMUN 2017 Ave. Real San Agustín No. 4 CP. 66260 Garza García, N.L México. + (52) (81) 8625 1500 [email protected] administered by the Center for American Progress, 90% all of transgender workers interviewed said that they had experienced harassment or mistreatment while at work. Around 28% believe they have missed out on job promotions due to being transgender, while 17% said they had been fired due to their gender identity (Burns and Krehely, Center for American Progress, 2011). As a result of workplace discrimination, the unemployment rate for transgender and non-binary individuals is approximately twice the national average in the US. Many live in poverty, unable to pay bills, purchase food or medical insurance, a necessity for transgender individuals who have transitioned and need hormone injections. According to the National Center for Transgender Equality in the US, this has led to 41% of those who identify as transgender and non-binary to attempt suicide, with 30% not surviving the attempt and dying. Alcoholism and drug abuse are also common among unemployed transgender and non-binary individuals because they feel trapped and unable to fit into society and support themselves economically (Sheridan, The Huffington Post, 2013). Some progress has been made by countries around the world to ensure the rights of transgender and non-binary individuals, however, much more needs to be done. Countries such as India, Thailand, Germany, Australia and some areas of the US allow individuals to register as non-binary. Malta and Ireland possess the most progressive laws that protect the rights of transgender and non-binary individuals. Malta’s Gender Identity, Gender Expression, and Sex Characteristics Bill allows transgender citizens to select their gender identity on all official documents without undergoing a medical inspection and contains an option for non-binary individuals to use an “X” to denote a third gender option. Ireland’s Gender Recognition Act is quite similar, however, it only applies to those above the age of 18. In other countries such as ISRMUN 2017 Ave. Real San Agustín No. 4 CP. 66260 Garza García, N.L México. + (52) (81) 8625 1500 [email protected] the US, transgender and non-binary individuals are often not recognized or are forced to undergo invasive medical inspections to prove that they “have undergone appropriate clinical treatment for gender transition.” This process can be long, humiliating and expensive since it is not covered by medical insurance. Moreover, non- binary individuals who have passports marked with an “X” have had difficulty traveling to countries that do not recognize a third gender such as the US (Macarow, ATTN, 2015). So, while some nations have made great strides in securing the rights of transgender and non-binary people, much more progress needs to be made to ensure those rights around the world. B) Current Issues United States of America: Transgender individuals in the US are struggling to secure equal rights and protections. In 2016, 27 transgender individuals were murdered because of their gender identification (Ansari, CNN, 2017). In May 2016, former President Barack Obama’s government ordered public schools to allow transgender students to use restrooms consistent with their gender identity. This order was put in place to prevent the bullying and assault of transgender teenagers. However, current President Donald Trump withdrew this order in February 2017, causing civil liberty groups such as the National Center for Transgender Equality to state: “These young people already face incredible hurdles in their pursuit of education and acceptance… [the] Trump administration effectively sanctions the bullying, ostracizing, and isolation of these children, putting their very lives in danger” (Smith and Redden, The Guardian, 2017). In addition, non-binary individuals also face discrimination within the country. Only two people from the states of Oregon and California have been recognized as ISRMUN 2017 Ave. Real San Agustín No. 4 CP. 66260 Garza García, N.L México. + (52) (81) 8625 1500 [email protected] non-binary. Moreover, these identifications were only recognized after lengthy court battles (Macarow, ATTN, 2015). China: It is very difficult in China for transgender individuals to find employment. This topic came to national attention in January 2017, when a transgender man, identified as Mr C, won a court case that said he had been wrongly dismissed from a health center where he had worked. His former employer had fired him because his appearance "really didn't fit [the company’s] standards.” According to the BBC, many transgender people in China are forced to hide who they really are and conform to what is expected of them or face discrimination. China, a very conservative society, does not allow gay marriage and has limited laws protecting transgender individuals (BBC News, 2017). Iraq: Transgender people face persecution and death daily in Iraq. In areas of the country that had been occupied by the Islamic State, a terrorist organization, being transgender could result in an automatic death sentence. Moreover, due to the nation’s political and military instability, wandering militia groups have taken it upon themselves to punish individuals who identify as transgender. They have labeled transgender people as “perverts” and “criminals”. In May 2014, a Shi’a militia posted the names of confirmed and suspected transgender individuals, endangering their lives. Others have been beaten, beheaded or hung publicly in town squares. Non-binary data is not available for Iraq (OutRight Action International, 2014). Egypt: Transgender people in Egypt are frequently discriminated against and abused. Since 2014, more than 150 transgender people, primarily women, have been arrested ISRMUN 2017 Ave. Real San Agustín No. 4 CP. 66260 Garza García, N.L México. + (52) (81) 8625 1500 [email protected] and beaten. Those arrested are charged under the nation’s debauchery law and if convicted can be sentenced with up to three years in jail. According to The Guardian, transgender women are mostly targeted by police because “they’re seen as a particularly degrading example of men who reject their own masculinity.” Since gender reassignment is not permitted in Egypt for transgender people, many purchase hormones without a medical prescription and this can lead to health complications and depression. As of March 2017, non-binary people have not been recognized by the Egyptian government (Magid, The Guardian, 2015). Iran: While homosexuality is illegal in Iran, the government openly supports the rights of transgender individuals.
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