Monday, February 3, 2014

Intersex…..A Third Gender? Or a Missing Voice?



Personally, I did not realize how common genital anomalies are, one in every 2,000 births, before reading the novel, Bodies in Doubt: An American History of Intersex (Reis, 164).  In the final pages of chapter 5, Reis explains how intersex activists are challenging “so-called normalizing” genital surgery with the hope to “improve the medical and social attitudes toward people with intersex, focusing on ending the optimum gender of rearing model” (151).  This model is established in the 1950’s where doctors would perform genital surgery on babies to correct their abnormal genitalia based on whichever sex would be easier to create.  Because the surgery is done at a young age, the parents are given the responsibility to tell the child about the surgery.  Due to the parents' anxiety, the child can be unaware of their intersex only to find out late in life (Reis 146).  Because these surgeries leave people without a voice, I think this new visibility of intersex activists is good after many years of concealment, but I want to see how well their voices are being heard in the recent legal recognition of a third gender in Germany.
First, here is some background on Germany’s new law. As of 2013, Germany has become the first European county to legally recognize an ‘indeterminate’ gender joining New Zealand, India, Nepal and others in having a third gender.  This new law means that parents who have babies who are born with ambiguous genitalia or a mixture of chromosomes do not have to choice between the binary system of male or female.  The change of the law is a response to numerous cases that talked about the negative consequences to surgery. In addition to birth certificates, the interior ministry has stated that  gender neutral individuals who apply for German passports will have the option between M, male, F, female, and X, intersex.
Something to keep in mind about the new third gender is that it is acting within an already defined political structure within Germany and globally. This raises some questions. With the new legal variations, how will gender neutral individuals be recognized by other countries who do not distinguish a third gender as in the United States?  If a person from Germany moves to the United States and identifies as 'indeterminate gender', will the person be force to choose between legally being a man or a woman? In addition to failing to address the international problems of 'indeterminate' gender, the German government has, yet, to address the concerns of marriage and civil partnerships.  How will this third gender fit into political institutions such as marriage?
Although I do not have the answer to these questions, the establishment of the third gender could be a sign of the German government listening to the demands of people who are intersex, right?  Well, not exactly.  According to Reis, intersex activists are interested in “appropriate patient-centered medical care, support group for parents, and transparency and disclosure by physicians” (152).   The law does not address any of these concerns.  The third gender creates a new category to place a person who does not conform to the binary system of male and female which, in fact, limits the fluidity of sex.  According to a BBC article, the new law is meant to remove the pressure “to make quick decisions on sex assignment surgery for newborns” from the parents (“Germany”).  Although the law may relieve the pressure on parents, the third gender still places responsibility in the hands of the parents which parallels the responsibilities of parents in the 1950’s.
Another question is what are the responses from intersex activists about Germany’s third gender? Well, a major concern for intersex activist is that the German law does not go far enough in regards to newborn genital surgery. According to Zwischengeschlecht.org, a human rights activist group for survivors of Intersex Genital Mutilation, the group establishes three facts regarding the failure of the new law.
1.       The first fact is that the law creates a ‘not’ option where children are placed in the new category by failing to meet the standards of male or female. Similar to this idea, some parents do not want to see their child as a third gender, “something in between male and female” (Reis 155). This parental resistance can still lead to newborn genital surgery.   
2.       The second fact is that intersex activists have criticized and opposed the law claiming that groups have,actually, “spoken out against such demands” (“Zwishengeschlecht”).
3.        The third fact is that doctors can still receive licenses to practice genital surgeries which are “often simply cosmetic” (Reis 151).
 These examples show that despite people of intersex having “a voice that is largely absent from early historical records,” the larger political forces have failed to hear their real demands to end intersex genital mutilations. As explained by Reis, the voices of people with intersex have often been limited throughout history as seen with the use of newborn genital surgery.
Overall, the third gender law has strengths and weaknesses as highlighted by Silvan Agius of IGLA-Europe who states, "While on the one hand it has provided a lot of visibility about intersex issues... it does not address the surgeries and the medicalisation of intersex people and that's not good - that has to change.” Although the third gender increases the visibility of intersex, what does this visibility mean?  The demands of intersex activists have not, yet been met. In fact, the third gender was not something the group wanted, yet it is now a law.
I want to leave you with a final question to think about. Does this third gender, actually, create a new way to exclude and limit the voice of intersex activists?

For more information click here:
Reis, Elizabeth. Bodies in Doubt: An American History of Intersex. Baltimore: The John Hopkins University Press: 2009. Print.


No comments:

Post a Comment