Human rights for LGBT in the EU

The European Parliament received a report on the situation of fundamental rights in the EU. It has beautifully sane objectives, though Brexit may prevent us from benefiting.

Schools should teach tolerance so children can identify discrimination (and, I hope, oppose it). The Commission should share Member States’ best practices for addressing gender stereotypes at school. That those stereotypes are oppressive, and to be opposed, is so obvious that the report does not consider it worth saying.

The Parliament “regrets” that LGBTI people suffer discrimination, harassment and bullying. It condemns all forms of discrimination (does that include harassment and bullying?) and encourages member states to adopt laws and policies against homophobia and transphobia, and to work with organisations working for our rights. I don’t know what more than “encouraging” the Parliament could do, or what such encouragement means in practice. It could just be a pious hope. I am glad such hopes are expressed. It sees no contradiction between opposing gender stereotypes and opposing transphobia: we can look after the people most affected, while working to reduce the effect on everyone.

The Parliament Deplores the fact that transgender people are still considered mentally ill in the majority of Member States and calls on those states to review their national mental health catalogues and to develop alternative stigma-free access models, ensuring that medically necessary treatment remains available for all transpeople; deplores the fact that several Member States today still impose requirements on transgender people such as medical intervention in order to have the changed gender recognised (including in passports and official identity documents) and forced sterilisation as a condition for gender reassignment; notes that such requirements are clearly human rights violations; calls on the Commission to provide guidance to Member States on the best models for legal gender recognition in Europe; calls on Member States to recognise change of gender and to provide access to quick, accessible and transparent legal gender recognition procedures without medical requirements such as surgery or sterilisation or psychiatric consent; Welcomes the initiative shown by the Commission in pushing for the depathologisation of transgender identities in the review of the World Health Organisation’s International Classification of Diseases (ICD); calls on the Commission to intensify efforts to prevent gender variance in childhood from becoming a new ICD diagnosis.

We are not mentally ill. We are trans, and transition is the appropriate course of action for anyone who chooses it freely, though for no-one else. Trans should not be a stigma. We should get surgery and hormones if we want them, but also gender recognition without them if we choose. It’s up to us. I am delighted. If we can choose freely, without social pressure, whether or not to have surgery or hormones we will choose what is best for us.

I am unsure what they mean about preventing gender variance in childhood from becoming a new diagnosis. The DSM model was to depathologise variation, but include diagnoses where variation causes distress to the person or harm to others. TERFs would argue transition causes harm, but I disagree. I see no problem in involving doctors with gender variation. It depends what they do. Making someone happy with their gender variation, along with opposing gender stereotypes, seems good to me.

So in the view of this report, it is up to us. Gender stereotypes should be opposed. If someone wants to transition, with or without medical treatment, the member states should facilitate it. They don’t say when children should receive physical treatment, but could be read as encouraging it as soon as parent, child and doctors want, even before age 16. But what if they change their minds?!!! The European Parliament trusts us to make our own decisions.

pdf of the report.

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