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Recognition of a Third Gender Submitted By Committee: Social, Humanitarian and Cultural Committee Issue title: Recognition of a Third Gender Submitted by: Kinga Bagyó, Deputy President of the SHCC Edited by: Eszter D. Kovács, President of the ECOSOC Introduction Gender is a social construct ascribing masculine or feminine cultural norms as expectations to individuals based on their biological sex. Biological sex is determined by the type of genitalia one has, while sexual orientation is about who they are attracted to. All these three terms are independent of each other and can influence personal identity, which is one’s idea of oneself. When someone doesn’t identify as specifically male or female, they can instead identify as ‘third gender’, ‘transgender’ or ‘genderqueer’. Some countries have already introduced a non-binary gender classification in order to provide another option to self-identification to people who combine both femininity and masculinity in their gender expression or to everyone who are outside cisnormativity. Three or more genders have been recognised long ago in some societies, where ‘third gender’ is also a social category with particular duties and social norms. The state of personally identifying as, or being identified by society as, a man, a woman, or other, is usually also defined by the individual's gender identity and gender role in the particular culture in which they live, since not all cultures have strictly defined gender roles. However, in societies that has not accepted yet the existence of a third gender; transgender, intersex and queer individuals regularly face harassment, social discrimination and violence. One of the largest reasons that such people face inequality is due to prejudice and the lack of public understanding of their discomfort caused by their assigned sex. The distress a person experiences as a result of the sex and gender they were assigned at birth is called ‘gender identity disorder’. Such a mental disorder may occur on account of someone trying to conceal their real identity to accustom themselves easier into society and to avoid grievances of stigmatization and victimization. Notwithstanding, this kind of self-oppression very frequently results in depression and suicide. On average, 43% of transgender people have attempted suicide. Definition of Key Terms Sex and Gender Sex is a biological concept based on biological characteristics and the anatomy of an individual’s reproductive system, whereas gender deals with personal, societal and cultural perceptions of sexuality. In some circumstances, an individual's assigned sex and gender do not align, and the person may be transgender or genderqueer. Gender role: The way male or female individuals act. Societies commonly have norms regarding how genders should behave, expecting people to have personality characteristics and/or act a certain way based on their biological sex. Sexual orientation & Gender identity (SOGI): As the UN states, sexual orientation refers to a person’s physical, romantic and/or emotional attraction towards other people. Sexual orientation is not related to gender identity. Gender identity reflects a deeply felt and experienced sense of one’s own gender. For transgender people, there is an inconsistency between their sense of their own gender and the sex they were assigned at birth. Gender expression: The way in which a person expresses their gender identity through clothing, behaviour, posture, mannerisms, speech patterns, activities and more. Cisgender Someone whose internal sense of gender corresponds with the sex the person was identified as having at birth. Intersex An intersex person is born with sexual anatomy, reproductive organs, and/or chromosome patterns that do not fit the typical definition of male or female. An intersex person may identify as male or female or as neither. Intersex status is not about sexual orientation or gender identity: intersex people experience the same range of sexual orientations and gender identities (SOGI) as non- intersex people. LGBTQIA+ Short form for lesbian, gay, bisexual, transsexual, queer, intersex, agender and others. Lesbian – a term used to refer to homosexual females Gay – a term used to refer to homosexuality, a homosexual person or a homosexual male Bisexual – when an individual is attracted to two sexes/genders Trans – an umbrella term for transgender and transsexual people, transgender people have a gender identity or gender expression that differs from their assigned sex, and are sometimes called transsexual if they desire medical assistance to transition from one sex to another Queer/Questioning – queer is an umbrella term for all those who are not heterosexual and/or cisgender, questioning is when a person is unsure of their sexual orientation and/or gender and are trying to find their true identity Agender/Asexual – agender is a person who is internally ungendered or does not have a felt sense of gender identity, asexuality is when a person experiences no or little sexual attraction to people + – The symbol stands for all the other sexualities, sexes and genders that are not included in the letters above Transgender and Transsexual Transgender people have a gender identity or gender expression that differs from their assigned sex. Transgender people are sometimes called transsexual if they desire medical assistance to transition from one sex to another. Genderqueer A person whose gender identity is neither man nor woman, is between or beyond genders, or is some combination of genders. It is an umbrella term for many different gender identities such as: Genderfluid: a gender that changes Pangender: identifying as all genders Bigender /Trigender: identifying as two/three genders Transvestite/Cross-dresser Individuals who regularly or occasionally wear the clothing socially assigned to a gender not their own, but are not transsexuals. Transphobia Fear of or hatred towards transgender people. Transphobia is manifested in a number of ways, including violence, harassment and discrimination. Eunuch A man who has been castrated, typically early enough in his life for this change to have major hormonal consequences. Eunuchs have been categorized as third gender in many cultures. Gender affirming treatments Transgender people may seek any one of a number of gender affirming interventions, including hormone therapy, sex reassignment surgery, facial hair removal, interventions for the modification of speech and communication and behavioural adaptations. General Overview Forms of Discrimination LGBT people exist everywhere and archaeological evidences – from prehistoric rock paintings in Egypt to ancient Indian medical texts and early Ottoman literature – show that they have always been part of our communities. In fact, it was Western colonial powers that imposed the criminal laws that punish same-sex conduct. Nowadays more than one third of the world’s countries criminalize private, consensual same-sex conduct, legitimizing prejudice and putting millions of people at risk of hate crimes, physical assault, psychological bullying, family violence, blackmail, prosecution, arrest and imprisonment. Some countries are also passing ‘gay propaganda’ laws, e.g. Russia. Such laws violate the rights to privacy and freedom from discrimination under international law. Additionally, in 10 countries same-sex acts can be punished with death penalty. Few countries permit transgender people to obtain legal recognition of their gender identity, and in most parts of the world intersex children are forced to undergo sex affirmation treatment, causing both physical and psychological pain as well as leaving children deprived from freedom of decision. In many cases, a lack of adequate legal protection combined with hostile public attitudes leads to widespread discrimination against LGBTI people – including workers being fired from jobs, students bullied and expelled from schools and patients denied essential healthcare. Discrimination has a tremendous personal cost for those who experience it. Rates of poverty, homelessness, depression and suicide are far higher among LGBT people than in the non-LGBT population. Furthermore, criminalization impedes efforts to halt the spread of HIV by deterring LGBT people from coming forward for testing and treatments as a result of their fear of revealing criminal activity. In addition to this, a UN Free & Equal Campaign’s study showed that the marginalization of the LGBT community was causing a substantial loss of potential economic output, stating that “Every LGBT child thrown out of home and forced to miss out on education is a loss for society. Every LGBT worker denied their rights are a lost opportunity to build a fairer and more productive economy.” Legal Recognition Worldwide Currently Canada, Australia, New Zealand, Denmark, Ireland, Germany, India, Pakistan, Bangladesh and Nepal legally recognizes a third gender, and in 2015 Thailand was supposed to include the recognition of a third gender in its new constitution. Yet, many of these countries do not recognise same-sex marriage, relationship or civil unions. Despite its lack of legal recognition of a third gender, Sweden has even introduced the gender-neutral pronoun ‘hen’ to refer to people without revealing their gender(s). However, the US and the UK still does not allow a non-specific gender option on legal documents. In 2017, California became the first state in the US to recognize a third gender option by signing The Gender Recognition Act. Although there are signs that American society is increasingly
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