Israel has knowingly and deliberately continued to act in defiance of the [International Court of Justice] Order. In addition to causing the death by starvation of Palestinian children in babies, Israel has also continued to kill approximately 4,548 Palestinian men, women and children since 26 January 2024, and to wound a further 7,556, bringing the grim totals to 30,631 killed and 72,043 injured. An unknown number of bodies remain buried under the rubble. 1.7 million Palestinians remain displaced — many of them permanently, Israel having damaged or destroyed approximately 60 per cent of the housing stock in Gaza. Approximately 1.4 million people are squeezed into Rafah — which Israel has stated it intends to attack imminently. Israel’s destruction of the Palestinian healthcare system has also continued apace, with ongoing, repeated attacks on hospitals, healthcare, ambulances and medics. Israel has also continued to conduct widespread attacks on schools, mosques, businesses and entire villages and areas.
Julio Cuesta on Tuesday became the first person in Spain legally to change their sex/gender description without undergoing surgery under a new law approved last month. Julio, who was born a woman, obtained the right to have his gender description officially altered to that of a man after taking hormones for at least two years.
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(Disclosure: I have been advising the group Gender DynamiX, who is now assisting individuals to challenge the decisions of the Home Affairs officials.)
Of course, despite all the evidence to the contrary, society continues to essentialise sex and gender as fixed, unchanging and exclusive categories. Many people experience their sex or their gender in more fluid terms. Some do not physically conform to the categories of “male” or “female”, while others do not associate themselves with the sex or gender that their bodies are supposed to reflect.
Yet from the moment we are born, we are policed and disciplined to ensure that we conform to prevailing societal sex and gender stereotypes. This is deeply oppressive to all of us because it diminishes our ability to make choices about our sex and gender identity and behaviour. However, because sex and gender policing is so all pervasive in our society, it is difficult to bring across the human rights angle to this issue.
The law therefore helps to perpetuate the existing oppressive sex/gender regime, enforcing a certain cultural construction of the world on all of us. Why should it matter to the state or anyone else whether we call ourselves a “man”, a “woman” or anything else? Why is it important for someone with a penis not to be effeminate or for someone with a vagina to wear a dress? There is nothing inherently good about these categories and there surely is no need to limit our sex or gender identities to these two categories only.
It is time that human rights law take note of the oppressive nature of the sex/gender dichotomy and begin to seek ways to accommodate a wider variety of sex and gender identities in our society. A start can be made by applying the existing law properly.
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