United Nations Report Pushes for Right to Sex Change Operations

United Nations Report Pushes for Right to Sex Change Operations

By Piero A. Tozzi, J.D.

A week after nations criticized a United Nations (UN) special rapporteur for exceeding his mandate in order to push a redefinition of the term "gender" and a controversial "gay rights" document known as the Yogyakarta Principles, a second special report – this time on health – is sparking similar concern.
http://www.c- fam.org/publicat ions/id.1492/ pub_detail. asp

Presented to the UN General Assembly late last month, "The Right of
Everyone to the Enjoyment of the Highest Attainable Standard of
Physical and Mental Health" by special rapporteur Anand Grover
references not only the Yogyakarta Principles, but also a
hotly-disputed "General Recommendation" by the Committee monitoring
compliance with the International Covenant on Economic, Social and
Cultural Rights. General Recommendation 20

would read a new non-discrimination category based on "sexual
orientation and gender identity" into that treaty, even though UN
member states have repeatedly rejected inclusion of such a category in
any binding international law document.

Critics see a coordinated push to promote the Yogyakarta Principles,
injecting it into the UN system via repeated reference and thus create
an impression that a "soft law" norm exists. The Yogyakarta Principles
purport to "reflect the existing state of human rights law" with
regard to sexual orientation and gender identity, yet merely reflect
the policy predilections of the roughly 30 self-selected experts,
activists and UN bureaucrats who crafted them. Indeed, terms such as
"sexual orientation" and "gender identity" are not defined in any
binding international law document and would likely never be accepted
by UN Member States.

The specific Principles referred to in the Grover report are
Principles 17 and 18. Although the context references informed consent
regarding medical procedures among "vulnerable groups," the text of
Principles 17 and 18 contain several controversial mandates. Principle
17 would require states to "Facilitate access by those seeking body
modifications related to gender reassignment" (i.e., "sex change"
operations), while Principle 18 would require that states "Ensure that
any medical or psychological treatment or counseling does not,
explicitly or implicitly, treat sexual orientation and gender identity
as medical conditions to be treated, secured or suppressed." Such a
mandate would deny someone struggling with sexual disorders the option
of receiving reparative therapy.

Grover is an activist attorney from India who litigated the case that
resulted in a lower court ruling this past summer that India's
anti-sodomy law violated the nation's constitution. Last year he
succeeded Paul Hunt – one of thirty Yogyakarta draftsmen – as special
rapporteur on health.

Grover is further credited with having helped draft the International
Guidelines on Human Rights and HIV/AIDS

, a 1996 document reissued in 2002 that calls for the repeal of
"Criminal law prohibiting sexual acts (including adultery, sodomy,
fornication and commercial sexual encounters) between consenting
adults in private" – a step critics point out
would fuel
the spread of HIV/AIDS.

Grover's appointment as health rapporteur was welcomed by activist
organizations such as the International HIV/AIDS Alliance. The group,
which promotes "community action on AIDS in developing countries,"
noted at the time that "Anand has passionately advocated for the
rights of sex workers, drug users and men who have sex with men,"
calling the appointment "a tremendous opportunity and a step in the
right direction."