Declaration on Women's Sex-based Rights On the re-affirmation of women’s sex-based rights, including women’s rights to physical and reproductive integrity, and the elimination of all forms of discrimination against women and girls that result from the replacement of the category of sex with that of ‘gender identity’, and from ‘surrogate’ motherhood and related practices.
Table of Contents Introduction Preamble
Article 1: Reaffirming that the rights of women are based upon the category of sex
Article 2: Reaffirming the nature of motherhood as an exclusively female status
Article 3: Reaffirming the rights of women and girls to physical and reproductive integrity
Article 4: Reaffirming women’s rights to freedom of opinion and freedom of expression
Article 5: Reaffirming women’s right to freedom of peaceful assembly and association
Article 6: Reaffirming women’s rights to political participation on the basis of sex
Article 7: Reaffirming women’s rights to the same opportunities as men to participate actively in sports and physical education
Article 8: Reaffirming the need for the elimination of violence against women
Article 9: Reaffirming the need for the protection of the rights of the child
Introduction This Declaration reaffirms the sex-based rights of women which are set out in the Convention on the Elimination of all Forms of Discrimination against Women adopted by the United Nations General Assembly on 18 December 1979 (CEDAW), further developed in the CEDAW Committee General Recommendations, and adopted, inter alia, in the United Nations Declaration on the Elimination of Violence against Women 1993 (UNDEVW).
Article 1 of the CEDAW defines discrimination against women to mean, “any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.’’
Sex is defined by the United Nations as “the physical and biological characteristics that distinguish males from females.’’ (Gender Equality Glossary, UN Women)
The CEDAW places obligations on States Parties to ‘‘take all appropriate measures, including legislation, to modify or abolish existing laws, regulations customs and practices which constitute discrimination against women.’’ (Article 2 (f)); and to take, in all fields, “appropriate measures, including legislation, to ensure the full development and advancement of women, for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men.’’ (Article 3).
It has long been understood in the area of human rights that the stereotyped sex roles of men and women are a fundamental aspect of women’s inequality and must be eliminated.
Article 5 of the CEDAW states, “States Parties shall take all appropriate measures:
1. To modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women.’’
2. Gender refers to “the roles, behaviors, activities, and attributes that a given society at a given time considers appropriate for men and women… These attributes, opportunities and relationships are socially constructed and are learned through socialization processes.’’ (Gender Equality Glossary, UN Women). Recent changes replacing references to the category of sex, which is biological, with the language of ’gender’, which refers to stereotyped sex roles, in United Nations documents, strategies, and actions, has led to confusion which ultimately risks undermining the protection of women’s human rights. The confusion between sex and ‘gender’ has contributed to the increasing acceptability of the idea of innate ‘gender identities’, and has led to the promotion of a right to the protection of such ‘identities’, ultimately leading to the erosion of the gains made by women over decades. Women’s rights, which have been achieved on the basis of sex, are now being undermined by the incorporation into international documents of concepts such as ’gender identity’ and ‘Sexual Orientations and Gender Identities (SOGIES)’. Sexual orientation rights are necessary in eliminating discrimination against those who are sexually attracted to persons of the same sex. Rights relating to sexual orientation are compatible with women’s sex-based rights, and are necessary to enable lesbians, whose sexual orientation is towards other women, to fully exercise their sex-based rights.
However, the concept of ‘gender identity’ makes socially constructed stereotypes, which organize and maintain women’s inequality, into essential and innate conditions, thereby undermining women’s sex-based rights.
For example, the Yogyakarta Principles state that, “Gender identity is understood to refer to each person’s deeply felt internal and individual experience of gender, which may or may not correspond with the sex assigned at birth, including the personal sense of the body (which may involve if freely chosen, modification of bodily appearance or function by medical, surgical or other means) and other expressions of gender, including dress, speech and mannerisms.’’ (Yogyakarta Principles: Principles on the application of internationals human rights law in relation to sexual orientation and gender identity, March 2007).
The right of individuals to dress and present themselves as they choose is compatible with women’s sex-based rights. However, the concept of ‘gender identity’ has enabled men who claim a female ‘gender identity’ to assert, in law, policies, and practice, that they are members of the category of women, which is a category based upon sex.
The CEDAW General Recommendation No. 35 notes that, “General recommendation No. 28 on the core obligations of States parties under article 2 of the Convention as well as general recommendation No. 33 on women’s access to justice confirms that discrimination against women is inextricably linked to other factors that affect their lives. The Committee’s jurisprudence highlights that these may include…being lesbian.” (II, 12). The concept of ‘gender identity’ is used to challenge individuals’ rights to define their sexual orientation on the basis of sex rather than ‘gender identity’, enabling men who claim a female ‘gender identity’ to seek to be included in the category of lesbian, which is a category based upon sex. This undermines the sex-based rights of lesbians, and is a form of discrimination against women.
Some men who claim a female ‘gender identity’ seek to be included in the legal category of mother. The CEDAW emphasises maternal rights and the “social significance of maternity’’. Maternal rights and services are based on women’s unique capacity to gestate and give birth to children. The inclusion of men who claim a female ‘gender identity’ within the legal category of mother erodes the social significance of maternity, and undermines the maternal rights for which the CEDAW provides.
The Beijing Declaration and Platform for Action (1995) states that, “The explicit recognition and reaffirmation of the right of all women to control all aspects of their health, in particular their own fertility, is basic to their empowerment’’. (Annex 1, 17) This right is undermined by the use of ‘surrogate’ motherhood, which exploits and commodifies women’s reproductive capacity. The exploitation and commodification of women’s reproductive capacity also underpins medical research which is aimed at enabling men to gestate and give birth to children. The inclusion of men who claim a female ‘gender identity’ within the legal categories of woman, of lesbian, and of mother threatens to remove all meaning from these categories, as it constitutes a denial of the biological realities on which the status of being a woman, being a lesbian, and being a mother are based. Organizations that promote the concept of ‘gender identity’ challenge the right of women and girls to define themselves on the basis of sex, and to assemble and organize on the basis of their common interests as a sex. This includes challenging the rights of lesbians to define their sexual orientation on the basis of sex rather than ‘gender identity’, and to assemble and organize on the basis of their common sexual orientation. In many countries state agencies, public bodies and private organizations are attempting to compel persons to identify and refer to individuals on the basis of ‘gender identity’ rather than sex. These developments constitute forms of discrimination against women, and undermine women’s rights to freedom of expression, freedom of belief, and freedom of assembly. Men who claim a female ’gender identity’ are being enabled to access opportunities and protections set aside for women. This constitutes a form of discrimination against women, and endangers women’s fundamental rights to safety, dignity and equality. Article 7 of the CEDAW affirms the importance of measures to eliminate discrimination against women in political and public life, and Article 4 affirms the importance of temporary special measures to accelerate de facto equality between men and women. When men claiming female ‘gender identities’ are admitted to women’s participation quotas and other special measures designed to increase women’s participation in political and public life, the purpose of such special measures in achieving equality for women is undermined. Article 10 (g) of the CEDAW calls on States Parties to ensure that women have the same opportunities as men to participate actively in sports and physical education. Due to the physiological differences between women and men, the exercise of this right by women requires that certain sporting activities are single-sex. When men claiming female ‘gender identities’ are enabled to participate in women’s single-sex sporting activities, women are placed at an unfair competitive disadvantage, and may be placed at increased risk of physical injury. This undermines women’s and girls’ ability to have the same opportunities as men to participate in sports, and therefore constitutes a form of discrimination against women and girls, which should be eliminated. It has long been understood in the area of human rights that violence against women and girls is universally endemic, and is one of the crucial social mechanism by which women are forced into a subordinate position compared with men. The United Nations Declaration on the Elimination of Violence Against Women recognizes that, “Violence against women is a manifestation of historically unequal power relations between men and women, which have led to domination over and discrimination against women by men and to the prevention of the full advancement of women, and that violence against women is one of the crucial social mechanisms by which women are forced into a subordinate position compared with men.’’ This domination and discrimination is based on sex and not on ‘gender identity’. The conflation of the category of sex with the category of ‘gender identity’ hinders the protection of women and girls from violence perpetrated against them by men and boys. It increasingly enables men who consider that they have a female ‘gender identity’ to claim access to female single sex victim support services and spaces, as both service users and as service providers. This includes specialist single-sex provisions for women and girls who have been subject to violence, such as shelters and health care facilities. It also includes other services in which single-sex provision is crucial to the promotion of the physical safety, health, privacy, and dignity of women and girls. The presence of men in female single-sex spaces and services undermines the role of these services in protecting women and girls, and could make women and girls vulnerable to violent men who may claim a female ‘gender identity’. The CEDAW Committee in its General Recommendation 35 underlines the importance of collecting data and compiling statistics relating to the prevalence of different forms of violence against women in relation to developing effective measures to prevent and redress such violence. “Sex-disaggregated data is data that is cross-classified by sex, presenting information separately for men and women, boys and girls. Sex-disaggregated data reflect roles, real situations, general conditions of women and men, girls and boys in every aspect of society. … When data is not disaggregated by sex, it is more difficult to identify real and potential inequalities.’’ (UN Women, Gender Equality Glossary). The conflation of sex with ‘gender identity’ leads to the collection of data on violence against women and girls which is inaccurate and misleading because it identifies perpetrators of violence on the basis of their ‘gender identity’ rather than their sex. This creates a significant impediment to the development of effective laws, policies, strategies and actions aimed at the elimination of violence against women and girls. The concept of ‘gender identity’ is increasingly used to ‘gender reassign’ children who do not conform to sex stereotypes, or who are diagnosed with gender dysphoria. Medical interventions that carry a high risk of long-term adverse consequences on the physical or psychological health of a child, such as the use of puberty suppressing hormones, cross-sex hormones, and surgery, are used on children who are not developmentally competent to give full, free and informed consent. Such medical interventions can cause a range of permanent adverse physical health effects, including sterility, as well as negative effects on psychological health. 📑 To the Table of contents Preamble
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