Germany became the first European country to allow a third option on birth certificates when determining the gender of the newborn. Rough estimates suggest that 1.5 percent of newborns are intersex. This could be due to “ambiguous genetalia” or “genetic or hormonal differences”. When this occurs, parents normally choose a gender and undergo procedures to align the child to the decision of the parents. Now, instead of hastily deciding the gender, parents can choose the third option in order to let the child mature, then choose which gender they prefer. Parents are placed in a tough predicament in deciding for their child, and this stress can be alleviated by the third option. It allows the child to choose whether the strenuous procedures are needed or not.
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Many activists are strongly against reconstructive surgeries of sexual organs in newborns. Only 75 percent of the intersex children labeled as a female align with this decision. The other 25 percent do not and face life long problems such as physical and psychological effects. These devastating problems could have been avoided if the decision was prolonged until the child matured. These children may feel confused and uncertain about their life, and filling this void will be very complicated. Activists also feel that having a child of undetermined sex influences parents to opt for surgery because of how they think society will view and treat their child.
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Although it is commendable that Germany is aiding parents and children alike by having a third option, Australia believes that is it not enough to simply prolong the time until intersex children need to conform to either being a male or female. Australian officials believe that having an intersex category does not improve the child’s life, but targets them for future harassment. To ensure the safety of these children, Australia implemented an anti-discrimination legislation that protects intersex status. This also means that reconstruction of the genetalia will not be pursued unless it is vital for the health of the child.
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On December 27, 2007, Nepal eradicated laws that discriminated based on sexual orientation and established a committee to understand the same-sex policy and institute a third-gender category. On official documents this category was denoted as “other”. In Nepal, you can apply for a passport as a “eunuch”. Positive implications from this third gender role include an accepted identity throughout Nepal. This is essential because without accurate identification a normal life is impossible. You can’t open a bank account, hold a steady job, vote, and conduct many legal affairs. Negative implications include “private acts of harassment and violence”. Because people don’t conform to societal gender norms, it increases the risk of a person to be targeted for harassment. Although there are inevitable risks, activists still advocate for these changes, as it is parts of the rights of intersex individuals to have identification that fits who they believe they are.
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Although there is an option for indeterminate sex at birth, Germany is not as lenient with its laws on marriage. Germany only recognizes marriage for a man and woman. This precedent will cause issues for intersex children who decide not to change themselves at all. As they grow older they will understand the standards set by society, which will then cause them to question where they fit into this complex society. Who will they be allowed to marry and will the government and their peers recognize it? What sports will they be able to play and what bathroom will they use? There are many logistics that need to be taken care of in order to ensure that intersex people can live at ease. These are all setbacks in furthering equality among all individuals on the gender spectrum, and need to be addressed as soon as possible. Without a complete analysis of this issue, it infringes on the rights of intersex children.
For more information on the resources used in this article, visit the following links:
http://www.dw.de/third-sex-option-on-birth-certificates/a-17193869
http://www.huffingtonpost.com/kyle-knight/nepal-third-gender_b_1447982.html
http://www.dw.de/germany-allows-third-sex-option-at-birth/a-17198361
http://www.dw.de/third-sex-option-on-birth-certificates/a-17193869
http://www.huffingtonpost.com/kyle-knight/nepal-third-gender_b_1447982.html
http://www.dw.de/germany-allows-third-sex-option-at-birth/a-17198361