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Intersex and Transsex Human Rights

First I better explain what Intersex and Transsex mean.

First, I'll have to explain "Intersex". Although 98.3% of people are born normally male or female, 1.7% aren't, quite. Of those, about half have trivial, insignificant differences from the norm, but some of the rest have significant differences. Some people are genetically male, but have female bodies, or the reverse. Others have their genes screwed up, so instead of being 46xx (female) or 46xy(male), they are 47xxy, or even a mix of 46xy and 46xx cells.

Now, I'll explain "What is a Transsexual". Some people - the Intersexed - have normal bodies, normal neural (brain) development, but cross-gendered genitalia. But others have normal bodies, normal genitalia, but cross-gendered brains. Genital development happens in the middle of the first trimester, neural development at the end. Little boys "know" they are boys before age 6, little girls "know" they are girls before age 6 too, and this has nothing to do with their body shape or upbringing, it depends on the neural development that was programmed in long before they were born.

Sometimes - about 1 in 500 according to Professor Lynn Conway, things go wrong to a greater or lesser extent. It's possible to end up with a wholly male body, but a female brain, and a female mind. The opposite happens too, but as we all start with a basically female template, it's easier to have a glitch that stops the masculinization of a male than to introduce extra masculinization in a female. That's why only 1 in 4 transsexuals are "Female to Male", men literally trapped in female bodies.

Many transsexuals whose "glitch" was partial can live with it, in various degrees of discomfort. But in at least 1 in 7 cases, or about 1 in 3500 people, the "glitch" is not partial, it's complete. These people, normal men or women who happen to have the wrong shaped body for their brains and minds, get a very severe degree of discomfort indeed. And it gets worse with age. Their brains just don't work very well with the hormonal blood chemistry they have, and their instinctive behavior is all wrong. Oddly enough, this has little to do with their sexual preference : many such women actually become ostensibly "lesbian" as the result of all the male hormones in their system, and the outside world thinks they're normal, straight males.

There's no "cure" for this congenital condition, but there is an effective treatment that's got a 97% improvement rate. That is to alter the sufferer's body with Hormones, and largely change it so it conforms to the brain's setup. But HRT (Hormone Replacement Therapy) can only do so much, some surgical "detail work" is usually required so that the sufferer can look normal, and resume their place in society, but as a member of the opposite sex. The one they've always truly been, inside, since long before their birth.

It's just a minor, and quite common, congenital abnormality. Unfortunately, it has far-reaching societal effects. Today, the problem is often picked up early enough so that intervention occurs during or shortly after puberty. But our knowledge of this syndrome is relatively recent, and due to the maternal instinct, a lot of transsexual women (those with male bodies) who were born in the 40's, 50's, 60's or even 70's are married and with children. As the discomfort gets worse with age, many are forced to "transition" at average age 45 no matter what the effect on their loved ones or careers, or suffer permanent and crippling psychological damage. But 45 is an average, some can last till 60, others have to transition before 30.


Human Rights - and Wrongs

Typically, people who are Intersexed suffer all sorts of difficulties. Usually, Intersexed people are just normal men or women, only without normal male or female bodies. A woman who has what can be mistaken for male genitalia may be unable to use public changing rooms when going swimming, for example. A man who has breasts and a micropenis can suffer horribly at school and later on in life. Many Intersexed and Transsexed people can blend in with the crowd. Some, however, cannot, and often face social ostracism, humiliation or even violence.

But  the worst thing is the legal discrimination many face. Intersexed people - and Transsexed people who have received treatment - may face any or all of the following discriminatory practices:

  • Unable to travel abroad, as they are denied passports (This is true for some IS and TS people in Australia)
  • Unable to marry, as they are regarded neither as men nor women
  • If encarcerated, even if under remand, put in solitary confinement as there are no facilities available other than punishment cells.
  • Subject to refusal of entry  at borders - and often held with violent criminals and subject to sexual assault
  • Forbideen to use rest rooms of either sex at work
  • Discriminated against when it comes to employment
  • Discriminated against when it comes to Insurance - as their sex may be contested should they attempt to make a claim, regardless of what they say it is, and payment refused
  • Problems with medical treatment: some Pharmaceutical Benefits can only be claimed for certain medical conditions. Some can only be suffered by males, so the pateint must be male. Some can only be suffered by females, so the patient must be female. But some Intersexed people may suffer from both conditions, and so have to pay hundreds or thousands of dollars rather than the standard $38 prescription.
  • Targetted for Homophobic discrimination by ignorant people who confuse gender, sex, and sexual orientation
  • Targetted within segments of the Gay-Lesbian Lobby as being infiltrators of the Patriarchy or Dangerously Insane
The situation for Intersexed people is improving, slowly. But certain religious groups, notably the Exclusive Brethren, recently campaigned against the granting of human rights to Intersexed people, people who were, after all, merely born with a congenital medical condition.

Intersex Powerpoint Presentation

What is Intersex - for the ANU Ally Program( Powerpoint)

Links on Transsex and Intersex

Anyone who wishes to get more information of a practical nature, please feel free to e-mail me . I am a member of the ANU Ally programme, specialising in Intersex and Transsex issues.