The Board loved the speech given by Sarah Field, (www.mumsnet.com/Talk/womens_rights/3595007-Leeds-Councillor-thanks-Mumsnet-FWR-in-gender-critical-speech)
so I thought you’d enjoy this. It’s the transcript of the talk given by Dr Heather B-E, at the same event, in Leeds last weekend.
“Those people with only a superficial knowledge of the transgendering of children may think it is progressive. After all, so the story goes, some children are ‘born in the wrong body’ e.g. a boy can be born with the brain of a girl. He therefore has a deeply felt internal experience of being a girl, which does not correspond with the male sex ‘assigned’ him at birth. Children ‘born in the wrong body’ naturally desire the expressions of gender, including dress, speech and mannerisms of the other sex. According to this narrative, the sign of a civilized society is one where the transgender child is finally given ‘the right’ to be who they ‘really are’.
In Leeds, where I give this presentation, training courses which deliver this information as biological fact for the National Health Services, Prison Service and Ambulance Service are provided by TransLeeds. Those people worried about the inaccuracy of such information, or who are concerned about the practice of transgendering children, are labelled as no more than transphobic bigots.
I will sketch out how this narrative has arisen with regard to children, how detrimental the concept of internal ‘gender identity’ has been for children’s human rights, in particular the rights of girls, and what we can do about it.
Children’s Human Rights
A milestone in the history of children’s human rights was The United Nations Convention of the Rights of the Child which came into force in 1990. The Convention set out, for the first time, the fundamental rights of children to be universally protected without any distinction such as that of race, colour, sex, language, religion, nationality and so on. The Convention underscored childhood as a period in the human life-course entitled to special care and assistance, and for those States who have signed up to the Declaration, it has provided the context for domestic law. I note here that in 1990 the Convention does not define ‘gender identity’ as a characteristic of the child.
The Convention stipulates that States shall protect and defend children through some of the following:
• In all actions … the best interests of the child should be the primary consideration.
• Institutions, services and facilities responsible for the care or protection of children should conform with the standards established by competent authorities, particularly in the areas of safety and health
• Parents should be supported to carry out their own rights, responsibilities and duties so that they can provide, appropriate direction and guidance for children
• The right of the child to the enjoyment of the highest attainable standard of health
• The right of the child to education on the basis of equal opportunity
I shall return to these rights and obligations shortly to examine whether the UK fully protects children’s rights without any discrimination on the grounds of sex now that gender re-assignment has been added as a protected characteristic.
‘Gender Identity’
First, we need to look at a brief history of how the concept of ‘gender identity’ came about and what its implications are.
The 1990s witnessed the development of ideas about sex and gender which are the underpinning tenets of transgender ideology, namely that binary sex — being female or male — is socially ‘assigned’, not a biological fact; in contrast gender — an individual’s inner feeling of ‘femininity’ or ‘masculinity’ — is inherent and indisputable.
In 1995, an International Bill of Gender Rights (IBGR) was formulated in the USA which enunciated 10 rights of which four are pertinent for children:
• The right for transgender people to define their own gender identities, without regard to chromosomal sex, genitalia, assigned birth sex, or initial gender role.
• The right for transgender people to control their bodies, which includes the right to change their bodies cosmetically, chemically, or surgically, so as to express a self-defined gender identity.
• The right to competent medical or other professional health care.
• The right not to be subject to involuntary psychiatric diagnosis or treatment.
The next significant moment came in 2007 when a self-appointed group of scholars/transactivists/human rights experts produced a civil society document delineating a set of legal principles, known as the Yogyakarta Principles, for the application of international law to human rights violations based on each person’s deeply felt internal and individual ‘gender identity’.
Transgender rights are defined by the Principles as politically progressive and intersectional with the rights of other oppressed or marginalized groups and that all human rights are universal, interdependent, indivisible and interrelated. With regard to the rights of children, States have an obligation to allow children and adolescents to determine their own ‘gender identity’ since this is integral to the child’s dignity and humanity and must not be the basis for discrimination or abuse.
It would be wrong to suggest that legislation has been created throughout the western world based on the IBGR or the Yogyakarta principles. The IBGR is not a human rights instrument, is not ratified by any States, and its legal status is no higher than a wish-list. Nevertheless, it signified a sea change in conceptualising ‘gender identity’ as a fundamental human right to be protected by law and for individuals who identify as transgender to be entitled to medical care. The Principles which came later, though not legally binding, have been understood as an authoritative interpretation of international law and provide a definitional point for bills, resolutions and other documents.
This has provided the fertile ground out of which Equality and Human Rights legislation in the UK and other European and non-European countries incorporate ‘gender identity’ as a component part of legal personhood. The presumption is that self-defined ‘gender identity’ encompasses all aspects of anti-discrimination law with regard to sex and gender.”
(Continues below)