Pride and Politics:
Transgendered Issues
The International Bill of Gender Rights
As adopted June 17, 1995
THE RESTATEMENT OF the International Bill of Gender Rights (IBGR) was first drafted in committee and adopted by the International Conference of Transgender Law and Employment Policy, Inc. (ICTLEP) at that organization's second annual meeting, held in Houston, Texas, August 26-29, 1993.
The IBGR combines and expands from two earlier documents authored separately by Jo Ann Roberts of Pennsylvania and Sharon Stuart of New York.
The IBGR strives to express fundamental human and civil rights from a gender perspective. However, the ten rights enunciated below are not to be viewed as special rights applicable to a particular interest group. Nor are these rights limited in application to persons for whom gender identity and role issues are of paramount concern. All ten parts of the IBGR are universal rights which can be claimed and exercised by every human being.
The IBGR is a theoretical expression which has no force of law absent its adoption by legislative bodies and recognition of its principles by courts of law, administrative agencies and international bodies such as the United Nations.
However, individuals are free to adopt the truths and principles expressed in the IBGR, and to lead their lives accordingly. In this fashion, the truths expressed in the IBGR will liberate and empower humankind in ways and to an extent beyond the reach of legislators, judges, officials and diplomats.
When the truths expressed in the IBGR are embraced and given expression by humankind, the acts of legislatures and pronouncements of courts and other governing structures will necessarily follow. Thus, the paths of free expression trodden by millions of human beings seeking to define and express themselves, and give meaning to their lives, will ultimately determine the course of governing bodies.
The IBGR is a transformative and revolutionary document, but it is grounded in the bedrock of individual liberty and free expression. As our lives unfold, these kernels of truth are here for all who would claim and exercise them.
This document, though copyrighted, may be reproduced by any means and freely distributed by anyone supporting the principles and statements contained in the International bill of Gender Rights.
The IBGR remains subject to review and revision by ICTLEP. Proposed revisions to the IBGR and comments should be forwarded to Sharon Stuart, International Bill of Gender Rights Project, P.O. Box 930, Cooperstown, NY 13326, U.S.A. Telephone: (607) 547-4118.
The Right to Define Gender Identity
All human beings carry within themselves an ever-unfolding idea of who they are and what they are capable of achieving. The individual's sense of self is not determined by chromosomal sex, genitalia, assigned birth sex, or initial gender role. Thus the individual's identity and capabilities cannot be circumscribed by what society deems to be masculine or feminine behavior. It is fundamental that individuals have the right to define, and to redefine as their lives unfold, their own gender identities, without regard to chromosomal sex, genitalia, assigned birth sex, or initial gender role.
Therefore, all human beings have the right to define their own gender identity regardless of chromosomal sex, genitalia, assigned birth sex, or initial gender role; and further, no individual shall be denied Human or Civil Rights by virtue of a self-defined gender identity which is not in accord with chromosomal sex, genitalia, assigned birth sex, or initial gender role.
The Right to Free Expression of Gender Identity
Given the right to define one's own gender identity, all human beings have the corresponding right to free expression of their self-defined gender identity.
Therefore, all human beings have the right to free expression of their self-defined gender identity; and further, no individual shall be denied Human or Civil Rights by virtue of the expression of a self-defined gender identity.
The Right to Secure and Retain Employment and to Receive Just Compensation
Given the economic structure of modern society, all human beings have a right to train for and to pursue an occupation or profession as a means of providing shelter, sustenance, and the necessities and bounty of life, for themselves and for those dependent upon them, to secure and retain employment, and to receive just compensation for their labor regardless of gender identity, chromosomal sex, genitalia, assigned birth sex, or initial gender role.
Therefore, individuals shall not be denied the right to train for and to pursue an occupation or profession, nor be denied the right to secure and retain employment, not be denied just compensation for their labor, by virtue of their chromosomal sex, genitalia, assigned birth sex, or initial gender role, or on a basis of a self-defined gender identity or the expression thereof.
The Right of Access to Gendered Space and Participation in Gendered Activity
Given the right to define ones own gender identity and the corresponding right to free expression of a self-defined gender identity, no individual should be denied access to a space or denied participation in an activity by virtue of a self-defined gender identity which is not in accord with chromosomal sex, genitalia, assigned birth sex, or initial gender role.
Therefore, no individual shall be denied access to a space or denied participation in an activity by virtue of a self-defined gender identity which is not in accord with chromosomal sex, genitalia, assigned birth sex, or initial gender role.
The Right to Control and Change One's Own Body
All human beings have the right to control their bodies, which includes the right to change their bodies cosmetically, chemically, or surgically, so as to express a self-defined gender identity.
Therefore, individuals shall not be denied the right to change their bodies as a means of expressing a self-defined gender identity; and further, individuals shall not be denied Human or Civil Rights on the basis that they have changed their bodies cosmetically, chemically, or surgically, or desire to do so as a means of expressing a self-defined gender identity.
The Right to Competent Medical and Professional Care
Given the individual's right to define one's gender identity, and the right to change one's own body as a means of expressing a self-defined gender identity, no individual should be denied access to competent medical or other professional care on the basis of the individual's chromosomal sex, genitalia, assigned birth sex, or initial gender role.
Therefore, individuals shall not be denied the right to competent medical or other professional care when changing their bodies cosmetically, chemically, or surgically, on the basis of chromosomal sex, genitalia, assigned birth sex, or initial gender role.
The Right to Freedom from Psychiatric Diagnosis or Treatment
Given the right to define one's own gender identity, individuals should not be subject to psychiatric diagnosis or treatment solely on the basis of their gender identity or role.
Therefore, individuals shall not be subject to psychiatric diagnosis or treatment as mentally disordered or diseased solely on the basis of a self-defined gender identity or the expression thereof.
The Right to Sexual Expression
Given the right to a self-defined gender identity, every consenting adult has a corresponding right to free sexual expression.
Therefore, no individual's Human or Civil Rights shall be denied on the basis of sexual orientation; and further, no individual shall be denied Human or Civil Rights for expression of a self-defined gender role through sexual acts between consenting adults.
The Right to Form Committed, Loving Relationships and Enter into Marital Contracts
Given that all human beings have the right to free expression of a self-defined gender identity, and the right to sexual expression as a form of gender expression, all human beings have a corresponding right to form committed, loving relationships with one another, and to enter into marital contracts, regardless of their own or their partner's chromosomal sex, genitalia, assigned birth sex, or initial gender role.
Therefore, individuals shall not be denied the right to form committed, loving relationships with one another or to enter into marital contracts by virtue of their own or their partner's chromosomal sex, genitalia, assigned birth sex, or initial gender role, or on the basis of their expression of a self-defined gender identity.
The Right to Conceive, Bear, or Adopt Children
The Right to Nurture and Have Custody of Children and to Exercise Parental Capacity
Given the right to form a committed, loving relationship with another, and to enter into marital contracts, together with the right to express a self-defined gender identity and the right to sexual expression, individuals have a corresponding right to conceive and bear children, to adopt children, to nurture children, to have custody of children, and to exercise parental capacity with respect to children, natural or adopted, without regard to chromosomal sex, genitalia, assigned birth sex, or initial gender role, or by virtue of a self-defined gender identity or the expression thereof.
Therefore, individuals shall not be denied the right to conceive, bear, or adopt children, nor to nurture and have custody of children, nor to exercise parental capacity with respect to children, natural or adopted, on the basis of their own, their partner's, or their children's chromosomal sex, genitalia, assigned birth sex, or initial gender role, or by virtue of a self-defined gender identity or the expression thereof.
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