'Trans rights are human rights' thread.
This slogan is repeated often. What does it mean? Here follows a short lesson in International Human Rights Law.
There are currently nine (or ten, if we include the 1951 Genocide Convention) international human rights treaties. They fall into three main conceptual categories:
Type I: treaties that protect human rights applicable to all.
Type II: treaties that protect against human rights violations applicable to all or only to certain groups.
Type III: treaties that protect human rights of only certain groups, including against targeted violations
Type I treaties are
1966 Covenant on Civil and Political Rights
1966 Covenant on Economic, Social and Cultural Rights.
All humans, including of course transgender people, are covered by these treaties.
Type II treaties are
1951 Genocide Convention
1984 Convention Against Torture
2006 International Convention for the Protection of All Persons from Enforced Disappearance
Of these, the first treaty protects group rights, not individual rights.
In fact, Article 1 of the Genocide Convention clarifies that 'In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group...'
Type III treaties are
1965 International Convention on the Elimination of All Forms of Racial Discrimination
1979 Convention on the Elimination of All Forms of Discrimination against Women (cont.)
1989 Convention on the Rights of the Child
1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
2006 Convention on the Rights of Persons with Disabilities
Just like the Genocide Convention, these treaties protect not all humans, but only those belonging to the protected categories, based on
race
sex
age
migrant status
disability status
So, where do 'trans rights' belong? Not in Type III, unless one argues that gender dysphoria is a disability.
Not in Type II, for obvious reasons.
In Type I? Certainly, to extent that
gender expression is a form of freedom of expression
belief in gender ID a form of freedom of belief
right to privacy covers one's own transgender status
But as Type I treaties are universal anyway, there is no need to single out groups.
What trans rights are NOT is sex-based rights. So a male cannot demand rights under the 1979 Convention just like he cannot demand disability rights if not disabled, children rights if not a minor, migrant rights if not a migrant etc
So what does 'trans rights are human rights' mean? Not much, at least not in the current framework of international human rights law. The End.
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