Gender / Free choice of gender
Even on the Davos Economic Summit website,
attentive readers will repeatedly encounter the call for the implementation of the UN's "Agenda 2030."
This agenda includes, for example, in the areas of gender and education
(especially Goal No. 5, "Gender Equality"),
the clear demand that every individual citizen should be able to choose their own gender.
(This right is already enshrined in "Curriculum 21.")
Germany: A new gender every year?
On April 12, 2024, the German Bundestag passed the "Self-Determination Act,"
which came into force on November 1, 2024.
According to this law, it is possible in Germany to change one's legal gender or first name
at the registry office once a year.
One can choose between: male, female, diverse, or no gender entry at all.
Furthermore, anyone who addresses a person by their former first name or gender can be fined up to €10,000.
UN: Abolish gender altogether?
IEF, October 28, 2019 – In its annual report published in mid-September, the United Nations International Law Commission recommends that the UN General Assembly remove the definitions of "female" and "male" currently enshrined in international law and instead advocates understanding "gender" as "socially constructed."
International Law Commission Drafts Code of International Law The International Law Commission (ILC) is a subsidiary organ of the United Nations (UN). Established by the UN General Assembly in 1947 to further develop and codify international law, it is responsible for drafting conventions that form the foundations of international law and the basis for the work of most human rights organizations and other subsidiary and specialized UN bodies. Alongside 33 other members, the Austrian jurist and university professor of European law, international law, and comparative law, August Reinisch, has been a member of the Commission since 2017.
Until now, "gender" has also been defined as either "male" or "female."
The concept of gender is codified in the Rome Statute of the International Criminal Court, which forms the contractual basis for the work of the International Criminal Court in The Hague. Article 7, paragraph 3 of the Statute, which lists acts constituting crimes against humanity, states: "For the purposes of this Statute, the term 'gender' refers to both sexes, male and female, in a social context. It has no other meaning than that stated above." While in German both "social" and "biological" sex can be addressed with the term "Geschlecht" (sex/gender), the English language differentiates between "gender" and "sex." All the more remarkable in this context is the English text of Article 7, paragraph 3 of the Status. For it also states: “For the purpose of this Statute, it is understood that the term ‘gender’ refers to the two sexes, male and female, within the context of society. The term ‘gender’ does not indicate any meaning different from the above.”
A New Understanding of the Concept of “Gender”
In its annual report, which includes recommendations to the UN General Assembly, the International Law Commission states that since the entry into force of the Rome Statute, ratified by 123 states, the meaning of the term “gender” in the fields of international human rights and international criminal law has evolved from a purely biological concept to a socially constructed one. Examples cited include documents from the International Committee of the Red Cross, the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence from 2011, and recent reports by UN Special Rapporteurs and independent UN experts. For instance, the report quotes the UN Independent Expert on Protection against Violence and Discrimination based on Sexual Orientation and Gender Identity, who states that gender is “each person’s deeply felt internal and individual experience of gender, which may or may not be consistent with the sex assigned to them at birth.” According to the Prosecutor's Office of the International Criminal Court, which is responsible for applying the Rome Statute, gender is not a biological reality but a "social construct" related to "the accompanying roles, behaviors, activities, and attributes assigned to women and men, as well as girls and boys." "A similar approach," the Commission's report continues, "to view gender as a socially constructed (rather than a biological) concept has been pursued by various other international authorities and in the jurisprudence of international criminal courts and tribunals."
Commission Recommendation: Complete Deletion of the Term...
Concluding that the legal definition of "sex" as "female" and "male" is no longer up-to-date, the International Law Commission of the UN General Assembly recommends in its report the complete deletion of Article 7, paragraph 3. However, nation-states are encouraged to consult the cited sources to understand the meaning of the term "sex." Impact of the Recommendation As reported by the Center for Family and Human Rights (C-Fam), based in the United States, the proposed deletion of Article 7, paragraph 3 would mean that nation-states themselves would be responsible for defining the term "sex" through national legislation. In international law, the term is expected to be understood very broadly, ultimately as a "social construct" in light of the cited reports. According to the reports cited, nation-states should be able to define the term "sex" through their own national legislation. The extent to which the removal of the term "gender" will affect the German understanding of "Geschlecht" (sex/gender) is not entirely clear, according to Dr. Stephanie Merckens of the Institute for Marriage and Family (IEF). In German usage, terms like "Geschlecht" (sex/gender) are more commonly used for biological sex and "Geschlechtidentität" (gender identity) for "social" sex/gender. She considers a simple translation of "gender" as "Geschlecht" to be inaccurate in most cases. However, the Austrian Constitutional Court, in its ruling on intersexuality in civil status law, also readily interpreted the term "Geschlecht" as not being unambiguously "male" and "female." This argument, according to the legal scholar Merckens, is incomprehensible, even according to the rules of historical interpretation. The IEF has reported on this. It is therefore all the more remarkable that the Rome Statute has defined "gender" precisely to date. (From an article... (look up German...)
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