The Tasmania Law Reform Issues paper explores the legal recognition of gender identity on official documentation as well as consent to medical procedures to alter sex characteristics. It has been informed by the passing of the Justice and Related Legislation (Marriage and Gender Amendments) Act 2019 (Tas). The intention of the Act was to make it easier for Tasmanians to gain official documentation that reflects their gender identity, and reduce the discrimination and trauma experienced by intersex and gender diverse Tasmanians.
In this submission, the APS expresses concerns about the human rights protection available to people born with variations in sex characteristics, particularly in relation to the impacts of unnecessary medical interventions, surgical and non-surgical, as well as issues around legal classifications and documentation. Further, the APS highlights the implications of legislation and societal attitudes on the mental health and wellbeing of people born with intersex variations. Having an intersex variation is not a mental health issue in itself, but mental health issues may arise due to perceived conflicts with social and cultural ideas about sex.
Similarly for gender diverse people, the APS argues that human rights protection is applicable. For gender diverse people, however, the point of difference is that rather than requiring protection from unnecessary medical treatment, gender diverse people require access to necessary medical treatment. For some people, including minors, this may require surgery. Again, gender diversity is not a mental health issue, but mental health issues can arise due to social attitudes, gatekeeping from services, and refusal of recognition of the veracity of gender diversity.
Overall, the APS believes that decisions and processes regarding medical intervention as applicable to people born with intersex variations need to focus primarily on the individual’s wellbeing, over and above a concern for social integration, which often means normalisation. For gender diverse people, the APS believes that decisions and processes regarding medical intervention should not be restricted solely to adults, and that there is a pressing need to recognise the rights and competencies of gender diverse minors.
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