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Austria’s Constitutional Court handed down a verdict that allows people to register themselves in official documents as something other than male or female if they wish. The Austrian court, in response to a request from an intersexual activist known as Alex Jürgen, called upon the European Convention on Human Rights to introduce the option of “other” or “inter” on civil register forms that ask for a person’s gender. Jürgen, whose birth name remains secret, said:
For the first time in my life, I feel like I’m recognised as what I am, how I was born.
The court emphasised in its ruling that Article 8 of the European Human Rights Convention certifies the right to “an individual sexual identity” and defends “in particular, people with an alternative sexual identity”. The court decision won’t amend existing law since it doesn’t explicitly require documentation of male or female gender.
Last November, Germany became the first European country to call for official recognition of a “third sex”, a decision supported in May by the Netherlands. The third gender already received legal recognition in several countries, Australia, New Zealand, the USA, Canada, India, Pakistan, and Nepal. According to UN experts, from 0.05 to 1.7 percent of global births are intersex.
30 June 2018
Sputnik International
https://sputniknews.com/europe/201806301065909946-austria-court-third-gender/
Editor:
I find this more than a little disquieting. It appears to hinge upon personal choice, not objective medical criteria. It’s one thing if an intersex person or a transsexual under medical supervision asks for a change in gender on documentation, but it’s quite another if we open it to untrammelled personal whim. I know that this’ll open me up to attacks from both sides of the aisle. Those on the left will excoriate me for not being “sensitive” enough. Those on the right will vilify me for even offering a pathway to change one’s documents (they wouldn’t even accept medical vetting, I’ve found). I’d say to you to ignore the activists on both sides and keep it grounded in medical reality. That’s how it stands in most places today (including my home state of New York), and I think that it’s best kept that way. That is, there should be a limited and controlled way to amend one’s personal documents. Otherwise, it becomes anarchy and chaos. Keep it grounded and you won’t go wrong.
BMD
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