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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.

A great step for human rights-based legal gender recognition: A ministry expert group in Finland wants to remove infertility requirement and forced divorce, examine self-determination

Amnesty International Finnish Section
The Finnish League for Human Rights
Rainbow Families
Seta – LGBTI Rights in Finland
Trasek

Press release on April 6, 2015

A great step for human rights-based legal gender recognition: A ministry expert group in Finland wants to remove infertility requirement and forced divorce, examine self-determination

The final report of a Ministry for Social Affairs and Health expert group on legal gender recognition was released today. The group has reviewed the terms of legal gender recognition and suggests that the infertility requirement and converting one’s marriage to registered partnership be removed. The group also suggests a change of the outdated name of the current law. The experts further suggest that an option of basing legal gender recognition on self-determination in the form of a simple declaration of one’s own to the registry office should be explored. The group states that it may be well-founded also to review the current age limit of 18 years and to regulate the legal parenthood of persons who have undergone legal gender recognition.

Human rights organisations rejoice at the suggestions of the long-awaited report. Amnesty International Finnish Section, The Finnish League for Human Rights, Rainbow Families, Seta and Trasek say that the report marks a significant step towards improving the rights of people who wish to have their legal gender changed. The organisations have been campaigning together for several years to change the terms of legal gender recognition. They now expect the suggestions of the expert group to be included in the agenda of the recently initiated negotiations on a new government coalition. Finland had parliamentary elections on April 19.

The NGOs point out that a comprehensive reform of legal gender recognition can be prepared in the context of finalizing the marriage equality reform as there will inevitably be changes to the single status/forced divorce requirement. The parliament adopted a citizen’s initiative on marriage equality in December 2014 but the change will only take effect in March 2017 due to remaining legal considerations.

Recent international development shows a growing tendency to support self-determination. The most recent development includes Malta which adopted the GIGESC (gender identity, gender expression and sec characteristics) law in April while a government expert group in Norway suggested that self-determination should be implemented in Norway and the age limit of 18 years should be abolished.

The Finnish NGOs point out that the suggestions of the expert group are also in line with the historical resolution on discrimination against transgender persons adopted by the Parliamentary Assembly of the Council of Europe (PACE) on April. PACE calls on the member states to develop quick, transparent and accessible procedures, based on self-determination, for changing the name and registered sex of transgender people on birth certificates, identity cards, passports, educational certificates and other similar documents; make these procedures available for all people who seek it, irrespective of age, medical status, financial situation or detentions; abolish sterilisation and other compulsory medical treatment, including a mental health diagnosis, as a necessary legal requirement to recognise a person’s gender identity in laws regulating the procedure for changing a name and registered gender; as well as to remove any restrictions on the right of transgender people to remain in an existing marriage upon recognition of their gender.

The representatives of Seta and Trasek were part of the Ministry for Social Affairs and Health expert group.

 

More information:

Aija Salo, secretary general, Seta – LGBTI Rights in Finland (member of expert group), +358 50 309 8108
Antti Karanki, chair, Trasek (member of expert group), +358 41 546 1565

The final report of the ministry expert group (in Finnish): Sosiaali- ja terveysministeriön translakityöryhmän loppuraportti Sukupuolen oikeudellisen vahvistamisen edellytykset

Seta published LGBT-youth´s life stories

Seta’s DVD about lives of young LGBT in Finland was published in the end of January.

(From the left) Reiska, Martu Väisänen and Eska.

”Diversity is in us” gathers the stories of eight LGBT youngsters from all around Finland.

Ida, Niko, Darja, Reiska, Petra, Pekka, Tiina and Eska reflect on their lives and families, dating, bullying and getting support. They also discuss how they have dealt with norms they face within the Finnish society.

Reiska, who identifies hirself as transgender, says that it was a bit of a challenge to participate in the making of the film. It took some courage.

”I went back and forth whether to go along because I was worried about the consequences. Everyone would see my story, but so what? I live my life for my own sake. I wanted to be one of the brave young people who would tell about their lives”, 23-year-old Reiska says. ”This was my chance to speak for others.”

”This kind of material would have been useful for me as an adolescent, when there was no one else to identify with where I’m from. This is why a agreed to join this project”, 18 year old transsexual Eska tells.

LGBTI Rights in Finland Seta demands that diversity of gender and sexual orientation would be included in all subjects at schools. Anders Huldén, Seta’s Youth Work Coordinator, considers personal stories from everyday life a good way to raise awareness about the consequences of strict norms.

”The stories of these young people give something to think about for everyone, regardless of age, gender or sexual orientation. This DVD is not enough, though. Diversity truly is in all of us and this must be considered at schools on everyday basis”, Huldén says.

The duration of the DVD is 20 minutes. Subtitles are provided in Finnish, English and Swedish both on the DVD and the clips on YouTube. The DVD was produced during 2012 by Martu Väisänen from Oulu. The DVD is distributed free of charge to schools, youth workers and for educational purposes.

Press quality photos of the young:

https://www. dropbox. com/sh/5vczz02xk9f89xx/HMa34bIv84

Photos: Martu Väisänen

Gender reassignment law reform demanded by 20 organisations in open letter to the government of Finland

The trans persons´ human rights organisation Trasek and the LGBTI human rights organisation Seta together with 18 other youth, student and human rights CSOs published on October 26th 2012 an open letter to the government of Finland, demanding that the requirements violating human rights in the current gender reassignment act should be removed.

The signatories say that Finland should fulfill its international obligations such as recommendations made by the Human Rights Commissioner of the Council of Europe, and acknowledge its duty to implement the human rights of persons with diverse gender identities. One´s legal gender should only be based on selfdetermination and selfdefinition by the person. Requirements such as infertility or any medical treatment or diagnosis should be abolished as prerequisites for gender marker change.

According to the organisations, the government should see to it that a committee is formed without further delay to prepare the necessary legal changes. Representation by people affected by the gender reassignment act as well as human rights experts should be secured within the committee.

The organisations published the open letter after a leading government official had said in the media on October 12th that a potential reform process would possibly only be considered by the government after the next parliamentary elections that take place in 2015, due to budgetary restrictions within the ministry of social affairs and health.

More information:

Aija Salo, Secretary General, Seta – LGBTI Rights in Finland, paasihteeri@seta.fi

The whole letter in Finnish can be read here.

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.