Transcending the Gender Binary under International Law: Advancing Health-Related Human Rights for Trans* Populations

Journal of Law, Medicine & Ethics (forthcoming September 2022)

Wayne State University Law School Research Paper No. 2022-95

29 Pages Posted: 1 Aug 2022 Last revised: 31 Oct 2022

See all articles by Aoife O’Connor

Aoife O’Connor

Johns Hopkins Bloomberg School of Public Health

Maximillian Seunik

Independent

Blas Radi

IIF SADAF - CONICET; University of Buenos Aires (UBA)

Liberty Matthyse

Gender Dynamix

Lance Gable

Wayne State University Law School

Hanna Huffstetler

University of North Carolina (UNC) at Chapel Hill

Benjamin Mason Meier

University of North Carolina at Chapel Hill

Date Written: July 27, 2022

Abstract

Despite a recent wave in global recognition of the rights of transgender and gender-diverse populations, referred to in this text by the umbrella label of trans*, international law continues to presume a cisgender binary definition of gender – dismissing the lived realities of trans* individuals throughout the world. This gap in international legal recognition and protection has fundamental implications for health, where trans* persons have been and continue to be subjected to widespread discrimination in health care, longstanding neglect of health needs, and significant violations of bodily autonomy. Yet current legal frameworks constrain the advancement of health-related rights for trans* individuals, and action is required from the global community to reconceptualize international human rights law in a way that recognizes an expansive notion of gender beyond the cisgender male/female binary. This article examines the evolution of gender rights discourse under international law, analyzing the advancement of health-related human rights for trans* populations through the human right to health and cross-cutting principles of a rights-based approach to health. Drawing from recent advancements in the United Nations human rights system, this article concludes that unencumbered legal recognition of gender identity and expression under international human rights law should be central to advancing global health.

Keywords: Trans Health, Human Rights, International Law, LGBT Rights, Public Health

Suggested Citation

O’Connor, Aoife and Seunik, Maximillian and Radi, Blas and Matthyse, Liberty and Gable, Lance and Huffstetler, Hanna and Meier, Benjamin Mason, Transcending the Gender Binary under International Law: Advancing Health-Related Human Rights for Trans* Populations (July 27, 2022). Journal of Law, Medicine & Ethics (forthcoming September 2022), Wayne State University Law School Research Paper No. 2022-95, Available at SSRN: https://ssrn.com/abstract=4174296

Aoife O’Connor

Johns Hopkins Bloomberg School of Public Health ( email )

Baltimore, MA
United States

Maximillian Seunik

Independent ( email )

Blas Radi

IIF SADAF - CONICET ( email )

Argentina

University of Buenos Aires (UBA) ( email )

Av. Cordoba 2122
Buenos Aires, Buenos Aires 1120
Argentina

Liberty Matthyse

Gender Dynamix ( email )

Lance Gable

Wayne State University Law School ( email )

471 Palmer
Detroit, MI 48202
United States

Hanna Huffstetler

University of North Carolina (UNC) at Chapel Hill ( email )

102 Ridge Road
Chapel Hill, NC NC 27514
United States

Benjamin Mason Meier (Contact Author)

University of North Carolina at Chapel Hill ( email )

CB 3435
103 Abernethy Hall
Chapel Hill, NC 27599
United States
919-962-0542 (Phone)

HOME PAGE: http://https://www.benjaminmasonmeier.com/

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