More: https://public-inspection.federalregister.gov/2024-08711.pdf

More: https://www.federalregister.gov/documents/2024/04/30/2024-08982/designated-placement-requirements-under-titles-iv-e-and-iv-b-for-lgbtqi-children

Interesting Book: Giovanna Gilleri, Sex, Gender and International Human Rights Law: Contesting Binaries (Routledge 2024)

Giovanna Gilleri (Univ. of Trieste) has published Sex, Gender and International Human Rights Law: Contesting Binaries (Routledge 2024).

This book investigates the relationship between sex and gender under international human rights law, and how this influences the formation of individual subjects.

Combining feminist, queer, and psychoanalytical perspectives, the author scrutinises the sexed/gendered human rights discourse, starting from the assumptions underpinning interpretations of sex, gender, and the related notions of gender identity, sex characteristics, and sexual orientation. Human rights law has so far offered only a limited account of the diversity of sexed/ gendered subjectivities, being based on a series of simplistic assumptions. Namely, that there are only two sexes and two genders; sex is a natural fact and gender is a social construct; gender is the metonymic signifier for women; and gender power relations take the asymmetrical shape of male domination versus female oppression. Against these assumptions, dominative and subordinate postures interchangeably attach to femininities and masculinities, depending on the subjects’ roles, their positionalities, and the situational meanings of their acts. The limits of an approach to gender which is based on rigid binaries are evident in two case studies, on the UN human rights treaty bodies’ vocabulary on medically unnecessary interventions upon intersex children and on the European Court of Human Rights’ narrative on sadomasochism.

United Nations ‘alarmed’ by Iraq’s new anti-LGBTQ+ law

Ravina Shamdasani, U.N. human rights office spokesperson, said in a statement that the law “should be shelved.”

The law criminalizes transgender people under an amendment to a 1988 anti-prostitution law. The amendment prohibits “biological sex change based on personal desire and inclination,” punishing transgender people and doctors who perform gender-affirming care with three years in prison.

Iraq’s parliament set a seven-year minimum prison sentence for those who “promote” homosexuality and a maximum three-year sentence for men who “intentionally” act like women.

Shamdasani said the law violates several human rights treaties signed by Iraq, including the International Covenant on Civil and Political Rights, which provides all people equal protection from discrimination.

More: https://www.voanews.com/a/united-nations-alarmed-by-iraq-new-anti-lgbtq-law/7589589.html

See also: https://www.ohchr.org/en/statements-and-speeches/2024/04/comment-un-human-rights-office-spokesperson-ravina-shamdasani-iraq

Iraq criminalizes same sex relationships and transgender individuals

The Iraqi Council of Representatives passed a law Saturday criminalizing same sex relationships and transgender individuals. The law has garnered widespread criticism from human rights groups and diplomats across the world.

The Anti-Prostitution and Homosexuality Law amends a previous law from 1988. It provides prison sentences and fines for most of its offenses. Anyone convicted of participating in a same sex relationship could face imprisonment for ten to fifteen years. The law also criminalizes transgender individuals, making it illegal to identify as anything other than your biological sex assigned at birth, which could result in one to three years imprisonment. Further, any medical professional who performs gender re-assignment surgery could face the same sentence. However, an exemption was marked out for anyone receiving or performing such surgery to correct a birth defect. Finally, a minimum of seven years imprisonment is outlined for anyone who promotes homosexuality or prostitution.

The new law has been heavily criticized by diplomats, including UK Foreign Secretary David Cameron, who described the law as “dangerous and worrying.” He went on to “encourage the Government of Iraq to uphold human rights and freedoms of all people without distinction.”

The US also condemned the law in a press statement by Matthew Miller, spokesperson of the US State Department:

This amendment threatens those most at risk in Iraqi society. It can be used to hamper free-speech and expression and inhibit the operations of NGOs across Iraq. The legislation also weakens Iraq’s ability to diversify its economy and attract foreign investment. International business coalitions have already indicated that such discrimination in Iraq will harm business and economic growth in the country.

The law has been justified by those who passed it as upholding religious values. Speaking to Shafaq News agency, Independent Iraqi MP Amir Al-Maamouri said, “the law will contribute to building a sound society in line with Iraqi customs.” This law means Iraq will join over 60 countries worldwide that criminalize same sex relationships.

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Greece – Extension of family-related leaves to same-sex spouses in the case of a joint child

More: https://www.equalitylaw.eu/downloads/6062-greece-extension-of-family-related-leaves-to-same-sex-spouses-in-the-case-of-a-joint-child

USA: Tennessee legislature passes bill criminalizing adults aiding minors in receiving gender-affirming care

The Tennessee House of Representatives approved a bill on Thursday that criminalizes adults who knowingly take minors away from Tennessee to help them receive gender-affirming medical procedures without the consent of their parents.

The companion bill was introduced to the Tennessee House of Representatives on January 29, 2024 as HB 2310 by Representative Bryan Richey and to the Tennessee Senate on January 31. Senator Janice Bowling introduced SB 2782 in the Senate. The bill originally allowed parents to sue any adult who “knowingly remove a minor from [Tennessee] without the consent of a parent of the minor” for the purpose of aiding the minor to receive medical procedures for making the minor better able to identify with a sex they are not.

Since then, however, the Senate and House have both added their own amendments to the bill. The Senate’s amendment added that in a civil action based on violating the bill, “[The] plaintiff may recover from the person: (A) Compensatory damages; (B) Punitive damages; and (C) Reasonable attorney’s fees, court costs, and expenses.” It also made violating the bill a Class C felony, which has the sentencing range for a first-time offender as three to six years imprisonment and, for a repeat offender, can be as high as 10 to 15 years imprisonment. The House’s amendment most notably added that the “common carrier transporting passengers for hire” as part of their business activities are exempt from the bill.

The Senate initially rejected the House’s amendment. In order to resolve their dispute, both the Senate and House appointed their own Conference Committees. Both committees ended up approving the bill and its amendments, with the Senate having a 2-1 vote and the House having a 3-1 vote.

According to The Tennessee Conservative, Richey stated that the bill is simply a “parents’ rights bill.” Tennessee advocates for Planned Parenthood see the bill as an unconstitutional attack on personal autonomy. Planned Parenthood went on to say:

[T]he exclusion of the term ‘legal guardian’ and inclusion of only the consent of ‘a parent’ poses the likely possibility that this bill would disproportionately impact youth who do not have parents or accessible parents, youth who likely are members of multiple marginalized identities and facing heightened social and health inequities.

The bill now awaits approval from the Tennessee Governor Bill Lee for the bill to become law in the state.

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USA: Alabama legislature advances bill that restricts books ‘harmful to minors’ in public libraries

The Alabama House of Representatives voted 72-28 to pass HB 385, which prohibits public libraries from providing materials that are “harmful to minors” or “obscene.” The bill, which passed on Thursday, will now go to the Alabama Senate.

Under the bill, it is a public nuisance for public libraries to provide obscene or harmful materials to minors. The bill defines harmful to minors as appealing “to the prurient interest of minors,” describing or depicting sexual conduct or lacking “serious literary, artistic, political, or scientific value for minors.” Additionally, the bill defines obscene as appealing “to the prurient interest,” depicting or describing sexual content in a “patently offensive” way or lacking “serious literary, artistic, political,
or scientific value.”

Generally, a public nuisance refers to any conduct that interferes with the rights of the public and is usually enforced by a state attorney general. Under HB 385, the state attorney general or district attorney can sue for violations. Additionally, if municipalities pass authorizing legislation, county or municipal attorneys may also enforce the law. 

The bill also removes the public library exemption from the state’s criminal obscenity laws. However, the bill keeps the exemption for college and university libraries. If HB 285 is passed into law, public librarians could be guilty of misdemeanors for violating the state’s criminal obscenity provisions.

The US Constitution’s First Amendment does not protect obscene language. This means that state governments are free to pass laws that limit obscene speech. In the US Supreme Court case Miller v. California, the court used a three-prong test to determine if language is obscene. Under this test, courts look first at whether “the average person, applying contemporary community standards” would find that the work, “taken as a whole,” appeals to “prurient interest.” Next, the courts look at whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law. Lastly, courts look at whether the work, “taken as a whole,” lacks serious literary, artistic, political or scientific value.

Alabama is not alone in passing legislation that restricts public libraries from providing harmful materials to minors. Earlier this month, the Idaho Senate approved House Bill No. 710, which declares that a school or public library shall not promote or make available any conduct that is deemed harmful to minors. Additionally, last month, the American Library Association announced that censorship demands and book ban attempts in public libraries and schools hit a record high in 2023.

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Hungary tightens homosexuality law

The Hungarian government has tightened the controversial law aimed at keeping minors away from homosexuality and transsexuality. The ban will now not only affect books, magazines and films, but also toys such as dolls and Lego bricks, as reported by Hungarian media critical of the government.

More: https://www.krone.at/3349567

Council of Europe: Anti-torture annual report: Rights of transgender prisoners in focus

The Council of Europe’s Committee for the Prevention of Torture (CPT) has issued a set of standards and recommendations to European prisons aimed at ensuring that transgender prisoners, a highly vulnerable segment of the prison population, are treated with respect and protected from the risks of ill-treatment

More: https://www.coe.int/en/web/portal/-/anti-torture-annual-report-rights-of-transgender-prisoners-in-focus

Dominican High Court overturns law criminalising same-sex relations

Dominica’s High Court has overturned the country’s ban on consensual same-sex activity, which dates back, in part, to colonial times.

More: https://www.thepinknews.com/2024/04/23/dominican-high-court-overturns-law-criminalising-same-sex-relations/