[PDF] Intersexuality And The Law eBook

Author : Julie A. Greenberg
Publisher : NYU Press
Page : 180 pages
File Size : 31,42 MB
Release : 2012
Category : Law
ISBN : 0814731899

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Winner of the 2013 Bullough Award presented by the Foundation for the Scientific Study of Sexuality The term “intersex” evokes diverse images, typically of people who are both male and female or neither male nor female. Neither vision is accurate. The millions of people with an intersex condition, or DSD (disorder of sex development), are men or women whose sex chromosomes, gonads, or sex anatomy do not fit clearly into the male/female binary norm. Until recently, intersex conditions were shrouded in shame and secrecy: many adults were unaware that they had been born with an intersex condition and those who did know were advised to hide the truth. Current medical protocols and societal treatment of people with an intersex condition are based upon false stereotypes about sex, gender, sexual orientation, gender identity, and disability, which create unique challenges to framing effective legal claims and building a strong cohesive movement. In Intersexuality and the Law, Julie A. Greenberg examines the role that legal institutions can play in protecting the rights of people with an intersex condition. She also explores the relationship between the intersex movement and other social justice movements that have effectively utilized legal strategies to challenge similar discriminatory practices. She discusses the feasibility of forming effective alliances and developing mutually beneficial legal arguments with feminists, LGBT organizations, and disability rights advocates to eradicate the discrimination suffered by these marginalized groups.

Author : Julie A. Greenberg
Publisher : NYU Press
Page : 181 pages
File Size : 42,91 MB
Release : 2012-01-01
Category : Law
ISBN : 0814738605

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Winner of the 2013 Bullough Award presented by the Foundation for the Scientific Study of Sexuality The term “intersex” evokes diverse images, typically of people who are both male and female or neither male nor female. Neither vision is accurate. The millions of people with an intersex condition, or DSD (disorder of sex development), are men or women whose sex chromosomes, gonads, or sex anatomy do not fit clearly into the male/female binary norm. Until recently, intersex conditions were shrouded in shame and secrecy: many adults were unaware that they had been born with an intersex condition and those who did know were advised to hide the truth. Current medical protocols and societal treatment of people with an intersex condition are based upon false stereotypes about sex, gender, sexual orientation, gender identity, and disability, which create unique challenges to framing effective legal claims and building a strong cohesive movement. In Intersexuality and the Law, Julie A. Greenberg examines the role that legal institutions can play in protecting the rights of people with an intersex condition. She also explores the relationship between the intersex movement and other social justice movements that have effectively utilized legal strategies to challenge similar discriminatory practices. She discusses the feasibility of forming effective alliances and developing mutually beneficial legal arguments with feminists, LGBT organizations, and disability rights advocates to eradicate the discrimination suffered by these marginalized groups.

Author : Nikoletta Pikramenou
Publisher : Springer Nature
Page : 285 pages
File Size : 18,86 MB
Release : 2019-09-25
Category : Law
ISBN : 303027554X

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This book addresses intersex rights violations and analyses intersex people’s legal demands as expressed by intersex activists themselves and delivered through statements and reports issued by intersex rights organisations, the United Nations and the Council of Europe. Intersex people are born with sex characteristics that do not fit typical notions of male or female bodies, as a result of which they are stigmatised, marginalised and denied the recognition of their fundamental rights. Often, they are subjected to involuntary and harmful sex “normalising” surgeries at birth, which violate their bodily integrity, self-determination and informed consent, so as to comply with societal and legal norms. Moreover, binary legal frameworks prevent them from enjoying the rights to access identification documents, start a family, or be free from discrimination in all areas including employment and sports. To elaborate on intersex violations that emanate from binary laws, this book examines the situation of intersex rights in regional jurisdictions worldwide and within the European Union in particular. In the process, it identifies current legal barriers and suggests how intersex people could be accommodated under legal frameworks and achieve sex/gender equality beyond binary definitions.

Author : Sharon E. Sytsma
Publisher : Springer Science & Business Media
Page : 350 pages
File Size : 24,40 MB
Release : 2006-06-07
Category : Philosophy
ISBN : 1402043147

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This collection of 21 articles is designed to serve as a state-of-the art reference book for intersexuals, their parents, health care professionals, ethics committee members, and anyone interested in problems associated with intersexuality. It fills an important need because of its uniqueness as an interdisciplinary effort, bringing together not just urologists and endocrinologists, but gynecologists, psychiatrists, psychologists, lawyers, theologians, gender theorists, medical historians, and philosophers. Most contributors are well-known experts on intersexuality in their respective fields. The book is also unique in that it is also an international effort, including authors from England, the Netherlands, Germany, Australia, India, Canada and the United States. The book begins with introductory chapters on the etiology of intersex conditions, conceptual clarification, legal issues, and reflections about the inherent characteristics of medical care that have led up to the issues we face today and explain the resistance to change in traditional practices. Researchers provide recent data on gender identity, surgical outcomes, and appropriate clinical care. Issues never having been addressed are introduced. The significance of intersexuality for Christianity and for philosophical concerns with authenticity add further depth to the collection. The final chapters deal with future possibilities in the treatment of intersex and for intersex advocacy.

Author : Jens M. Scherpe
Publisher :
Page : 300 pages
File Size : 14,16 MB
Release : 2018-09
Category : Intersex people
ISBN : 9781780684758

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Until very recently, the legal gender of a person-both at birth and later in life-in virtually all jurisdictions had to be recorded as either male or female; most laws simply did not allow any other option. However, there are many cases where this gender binary is unable to capture the reality of a person's gender identity. In 2013, Germany became the first Western jurisdiction in modern times to introduce legislation allowing a person's gender to be recorded as 'indeterminate' at birth and thus give them a legal gender status other than male or female. However, despite good intentions, this legislation has proved problematic in many ways and is subject to pertinent criticism. Several other jurisdictions are now beginning to react to challenges to the gender binary. The Legal Status of Intersex Persons provides a basis for discussions surrounding law reform in this area. It contains contributions from medical, psychological, and theological perspectives, as well as national legal perspectives from Germany, Malta, Australia, India, the Netherlands, Columbia, Sweden, France, and the USA. It explores international human rights aspects of intersex legal recognition, and it features chapters on private international law and legal history. [Subject: Human Rights Law, Gender & the Law, Private International Law, Legal History]

Author : Samantha Hardy
Publisher :
Page : 551 pages
File Size : 22,88 MB
Release : 2016
Category : Domestic relations
ISBN : 9780455237503

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"In the past decade, people whose bodies, genders or sexualities differ from socially expected norms have become more visible and have been granted greater recognition within the law. Yet despite this, many service providers do not have a strong understanding of the social and legal issues that continue to have a significant impact on these diverse groups of people and their relationships and families. In order to address this knowledge gap, this book brings together research findings from often disparate disciplines into an accessible and useful form for practitioners, as well as for researchers, academics, students, and the general public. Part 1 defines key terms, and addresses the psychosocial and legal issues faced by trans or gender diverse, intersex, and/or non-heterosexual individuals. Part 2 looks at the psychosocial and legal aspects of couple relationships. Part 3 considers parenting and families. Part 4 discusses practical tips for professionals working with this client group, including specific content for lawyers and mediators. As a whole, this book both questions the presumed neutrality of the law, yet insists that it is possible for the law to play a key role in challenging cisgenderism and heterosexism."--Back cover.

Author : Stephanie A. Budwey
Publisher : Taylor & Francis
Page : 193 pages
File Size : 29,71 MB
Release : 2022-08-25
Category : Religion
ISBN : 0429671040

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This book considers the situation of intersex people who have faced erasure in the areas of science, law, culture, and theology due to the assumption that all humans are either ‘female’ or ‘male.’ Centered in interviews conducted with German intersex Christians, this book argues that moving from a paradigm of sexual dimorphism to sexual polymorphism will help promote the full humanity and flourishing of intersex people by creating a world where intersex individuals are no longer coerced and/or forced to undergo non-consensual, medically unnecessary treatment, no longer experience human rights violations because of their lack of legal protection, no longer feel inhuman and Other due to epistemic injustice that stems from socio-cultural norms and stereotypes, are no longer told they are not made in God’s image as a result of a sexually dimorphic understanding of Genesis 1:27, and no longer feel excluded and invisible in worship services that do not recognize them. This combination of the practical and the spiritual allows for a reconsideration of the medical treatment and pastoral care that should be available to intersex people. This book will be helpful to those in the disciplines of science, law, culture, and theology, particularly those in gender and theological studies and those already in and studying for lay and ordained ministry.

Author : Tanya Ní Mhuirthile
Publisher :
Page : 409 pages
File Size : 36,14 MB
Release : 2010
Category : Intersexuality
ISBN :

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This thesis interrogates law{u2019}s problematisation of the intersex body and investigates methods by which the law might be employed to ensure that the legitimacy of the intersexual is recognised. The thesis consists of two core themes. First, it analyses the legal location of the intersexual. Second, it examines existing legal frameworks to ascertain whether they can be tools through which recognition and respect for intersex autonomy, bodies and identity choices can be secured. The thesis traces the historical relationship between intersex and the law and reveals the manner in which the intersexual was rendered legally invisible. It further contends that this disappearance of intersex was supported by medical practice enabling the {u2018}correction{u2019} of intersex bodies and feminist theories which failed to account for the bodily basis of sex/gender. The thesis argues that, regardless of the approach employed, the process of legal sex/gender categorisation cannot account for the intersex body or intersex experience. It contends that for such to be achieved legal understanding of sex/gender requires re-imagining and tentatively suggests three methods by which this might be possible. It identifies within both the medical law principles on informed consent and normative human rights more immediate solution which would enable recognition and respect for intersexuality but cautions that effectiveness of these mechanisms might be frustrated by the manner in which legal sex/gender is understood.

Author : Fae Garland
Publisher : Policy Press
Page : 216 pages
File Size : 27,3 MB
Release : 2022-11-22
Category : Law
ISBN : 1529217377

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This book examines the divergent medical, political and legal constructions of intersex. The authors use empirical data to explore how intersex people are embodied through these frameworks which in turn influence their lived experiences. Through their analysis, the authors reveal the factors that motivate and influence the way in which policy makers and legislators approach the area of intersex rights. They reflect on the limitations of law as the primary vehicle in challenging healthcare’s framing of intersex as a ‘disorder’ in need of fixing. Finally, they offer a more holistic account of intersex justice which is underpinned by psychosocial support and bodily integrity.