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intersex

08.11.2016

Finnish LGBTIQ+ rights organisations Seta and Trasek to appear at the United Nations Committee Against Torture 59th session: the treatment of trans and intersex people in Finland is cruel, inhuman and degrading

Seta and Trasek demand that the unnecessary and harmful cosmetic surgery done to intersex children is stopped immediately and that the Finnish Trans act is readily reformed to respect the right to self-determination.

The UN Committee Against Torture will review Finland and the realization of its human rights in November. A hearing with NGOs will be held in order to get a precise picture of how Finland ensures the human rights obligations set by the UN convention, where torture and other inhuman treatment is prohibited. Seta and Trasek, who delivered a report on the treatment of trans and intersex people, sends two participants to the session in Geneva November 8th. Amnesty International Finland will also appear in the hearing, and supports the demands presented by Seta and Trasek.

The alarming state of trans youth and the harsh demands of the trans act

A full reform of the trans act, a topic that has sparked intense debate in Finland for years, is one of the central demands of the NGOs, who want a trans act that is based on autonomy and self-determination.

“The current trans act in Finland doesn’t respect the most central human rights. It is simply cruel and inhuman to submit trans people to forced sterilization and years of psychiatric monitoring. To force someone into medical monitoring and have them undergo procedures in order for them to be able to change their name and have their gender legally recognized is humiliating. The trans act needs to be renewed so that it respects the right to self-determination”, says Kasper Kivistö, one of two NGO representatives in Geneva (on the left in the photo).

According to the NGOs, Finland should focus more on the alarming state that the trans youth is in.

“According to studies every second trans youth has to face physical violence, and discrimination and non-physical violence is even more common. Discrimination leads to serious consequences. More than every other trans youth has thought of self-harm and suicide”, says Panda Eriksson, who will attend the Geneva hearing with Kivistö.

“It is regrettably common that teachers, health care staff and parents try to minimize or deny a young trans person’s gender, or feel negatively about their gender identity. This needs to end. Trans youth need psychological and social support. The right to have your name and legal gender marker changed must be secured for adults and youth alike”, says Seta´s Secretary General Kerttu Tarjamo.

The unnecessary surgical treatment of intersex children needs to end

The NGOs also demand that Finland ends the so called “normalizing” surgeries on intersex children, who might not be more than babies or toddlers when they have to undergo genital surgery. Surgery is done on the outer genitalia to have the child’s body fit the ideal that dictates what a boy or a girl body should look like – even when the genitalia are completely functional.

“Intersexualism is part of the multitude found in nature and in gender. It’s not a problem that should be solved with a knife. The unnecessary operations done on children are a grave insult to their physical immunity and often result in problems such as loss of feeling in the genital area or chronic pain. These surgeries have to end immediately. Hormonal treatment, which is used to “steer” the development of gendered characteristics, has to change so that it’s only used with the informed consent and collaboration of the individual in question. A system that operates from above, dictating what a child’s gender should be and how they should experience their own body and their condition, is a human rights problem in every way”, says Terhi Viikki from Trasek.

The UN Committee Against Torture will review the Finnish situation based on reports delivered by the government and by NGOs, as well as by the hearings organized in Geneva. The committee will present the Finnish government with recommendations on the development of human rights within 1-2 months after the hearing.

For further information or interview requests:

Seta’s and Trasek’s report can be found and read: http://seta.fi/cat-2016/

The UN page that features all the documents related to the reviewing of Finland:
http://tbinternet.ohchr.org/_layouts/TreatyBodyExternal/Countries.aspx?CountryCode=FIN&Lang=EN

 

Kerttu Tarjamo
p. +358 50 309 8108
paasihteeri@seta.fi

Panda Eriksson
panda@trasek.fi

Kasper Kivistö
kasper@trasek.fi

Foto: Panda Eriksson (left side) and Kasper Kivistö. Foto Sonja Siikanen.

Trans people are transgender people and non-binary people, among others. Being trans means your gender doesn’t correlate with the gender you were assigned at birth.

Intersexualism refers to a congenital condition where the anatomical or physical features of the body that are usually gendered aren’t unambiguously typically male or typically female.

25.09.2012

Finland should abolish infertility requirement of trans persons, says CoE Human Rights Commissioner

Council of Europe Commissioner for Human Rights, Nils Muiznieks, published today a report on the human rights situation of Finland, based on a country visit in June. The human rights organization Seta – LGBTI Rights in Finland welcomes Muiznieks´ views.

The Commissioner urges Finland to abolish infertility and non-marriage as requirements for gender reassignment. He also demands that the specific protection needs of intersex persons, including intersex children, should be identified and addressed in cooperation with civil society organisations. These are requirements that have been strongly put forward by Seta and a wide range of other civil society organisations, but they were left out of the government´s National Plan of Action for human rights in early 2012.

According to the Commissioner, the reform of equal treatment legislation should address the current gaps concerning the grounds of sexual orientation, and special focus should be on the mandate and expertise of an independent monitoring mechanism, such as an ombudsman, within employment. The authorities should give particular attention to improving the protection afforded to trans people and intersex persons.

The Commissioner welcomes the explicit prohibition of homophobic hate crime in the Penal Code. He urges the Finnish authorities to extend the prohibition also to hate crime with specific reference to gender identity.

In the report it is stated that the government should assess whether the recently founded inter-ministerial network of contact persons for human rights can provide sufficient coordination for LGBTI-related issues, or whether a particular ministry should be entrusted with the task specifically.

Seta finds the Commissioner´s recommendations very important and central to the human rights situation of LGBTI people in Finland. Seta hopes that the authorities take action to implement the recommendation without further delay. For example, a decision has been made already in January in the ministry for social affairs and health to establish a working group for reviewing the law on gender reassignment but the decision has still not been implemented.

Report on Finland by the CoE Commissioner for Human Rights Nils Muiznieks: https://wcd.coe.int/ViewDoc.jsp?id=1977837

More information about Seta´s views: Aija Salo, Secretary General, Seta – LGBTI Rights in Finland, email paasihteeri@seta.fi

19.09.2012

Seta demanded action for LGBTI people’s human rights at Finland’s human rights review at the UN

Today, Seta – LGBTI Rights in Finland held a historical speech as it addressed the Human Rights Council of the United Nations for the first time. The speech was a part of the Universal Periodic Review of Finland. Seta demanded that Finland adopts a comprehensive LGBTI human rights policy.

Seta stated that despite progress, significant challenges remain in the human rights situation of LGBTI people in Finland. Gender nonconforming children face transphobic bullying in schools. Discrimination in the employment market is common, and many trans persons remain outside the labour force. Intersex children sometimes suffer serious mental and physical complications due to surgical operations that lack medical grounds.

Seta noted that the recently adopted National Action Plan for Human Rights has very few references to sexual orientation or gender identity. Seta suggested drafting a comprehensive LGBTI policy action plan. Seta also raised the importance of some ongoing legal reforms.

Seta’s statement was delivered by Nori Spauwen representing ILGA-Europe. The statement can be read below.

More information: Aija Salo, Secretary General, tel. +358 (0)50 309 8108, paasihteeri@seta.fi

Finland’s response to the UPR recommendations on the website of the foreign ministry
The UPR resource base on the OHCHR website: http://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRMain.aspx

UPR: Finland

ILGA-Europe and Seta – LGBTI Rights in Finland

United Nations Human Rights Council, Geneva, 19th September 2012

Mr. President,

we commend Finland for accepting the recommendation to increase its efforts in combating discrimination on grounds of sexual orientation and gender identity. We are looking forward to an effective and comprehensive implementation of the commitment.

Whilst we welcome the progress delivered by this Government, significant challenges still remain. Trans and intersex persons face serious discrimination. Gender nonconforming children face transphobic bullying in schools. Discrimination in the employment market is common, and many trans persons remain unemployed. Intersex children sometimes suffer serious mental and physical complications due to surgical operations that lack medical grounds.

The government states that a working group will be appointed to examine the need to amend the Act on Legal Recognition of the Gender of Transsexuals. We urge the government to proceed with this commitment very soon. Persons applying for gender marker change currently face degrading conditions such as infertility requirement that shows the legislator´s lack of understanding the everyday lives of trans persons, of which many already have children and families.

The government states that a possible need to amend family legislation will be discussed. Currently there are several legislative procedures where the equal treatment of LGBTI people´s families should be taken into account. Children should not be treated unequally depending on their parents´ gender.

We note that the recently adopted National Action Plan for Human Rights has very few references to LGBTI people. This places a serious challenge on the government to show concrete commitment to policies to improve the human rights of LGBTI people. While many authorities are working on improving the equality of LGBTI persons, there is a need for a more coherent and coordinated policy. We suggest drafting a comprehensive LGBTI policy action plan and defining responsibilities for implementation and monitoring the plan.

Finally, we thank Finland for a constructive dialogue during the UPR process and stand ready for further interaction to ensure that all LGBTI people can enjoy their citizenship in full equality.

Thank you, Mr. President.

19.09.2012

Finland should take action for LGBTI rights also domestically

Speech by ILGA-Europe and Seta – LGBTI Rights in Finland in the United Nations Human Rights Council in Geneva, 19th September 2012.

UPR: Finland

ILGA-Europe and Seta – LGBTI Rights in Finland

United Nations Human Rights Council, Geneva, 19th September 2012

Mr. President,

we commend Finland for accepting the recommendation to increase its efforts in combating discrimination on grounds of sexual orientation and gender identity. We are looking forward to an effective and comprehensive implementation of the commitment.

Whilst we welcome the progress delivered by this Government, significant challenges still remain. Trans and intersex persons face serious discrimination. Gender nonconforming children face transphobic bullying in schools. Discrimination in the employment market is common, and many trans persons remain unemployed. Intersex children sometimes suffer serious mental and physical complications due to surgical operations that lack medical grounds.

The government states that a working group will be appointed to examine the need to amend the Act on Legal Recognition of the Gender of Transsexuals. We urge the government to proceed with this commitment very soon. Persons applying for gender marker change currently face degrading conditions such as infertility requirement that shows the legislator´s lack of understanding the everyday lives of trans persons, of which many already have children and families.

The government states that a possible need to amend family legislation will be discussed. Currently there are several legislative procedures where the equal treatment of LGBTI people´s families should be taken into account. Children should not be treated unequally depending on their parents´ gender.

We note that the recently adopted National Action Plan for Human Rights, has very few references to LGBTI people. This places a serious challenge on the government to show concrete commitment to policies to improve the human rights of LGBTI people. While many authorities are working on improving the equality of LGBTI persons, there is a need for a more coherent and coordinated policy. We suggest drafting a comprehensive LGBTI policy action plan and defining responsibilities for implementation and monitoring the plan.

Finally, we thank Finland for a constructive dialogue during the UPR process and stand ready for further interaction to ensure that all LGBTI people can enjoy their citizenship in full equality.

Thank you, Mr. President.

LGBTIQ Rights in FInland Seta

 

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