Abstract
Background: Transgender people have a gender identity different from the one allocated to them at birth. In many countries, transsexualism and transgenderism are considered mental illnesses under the diagnosis of gender dysphoria. This pathologization impacts on human rights. Main content: The United Nations (UN) has denounced violations against trans-people, including attacks, forced medical treatments, lack of legal gender recognition, and discrimination in the areas of education, employment, access to healthcare, and justice. The UN has linked these violations directly with discriminatory diagnostic classifications that pathologize gender diversity. Trans-people have been pathologized by psycho-medical classification and laws all around the world, with a different impact depending on countries. This paper argues that pathologization infringes infringes upon a wide range of human rights such as; civil, economic, social cultural and also the access to medical care. Conclusions: The current situation for trans-people with respect to legal healthcare matters, depends on the country. Human rights are universal, not a question for cultural interpretation. They are the minimum that every human being must have assured only by the fact of being human. Countries must protect these rights by regulating trans-pathologization with special attention dedicated to intersex people and their specific needs.
Highlights
The sex that we are officially assigned at birth is based upon our physical features.This might not, match our gender identity—that is, the way we feel and think about our gender
The aim of this paper is to show the human rights implications of pathologization of gender identity, the impact on healthcare, as well as the need of depathologizing trans people
It is necessary to argue that the diagnosis of “gender dysphoria” in children in DSM-V or “gender incongruence” in childhood in ICD-11 has no clinical utility because children do not need treatment
Summary
Transgender and gender diverse people have been faced with social and legal barriers towards their freedom and dignity. United Nations international human rights principles provide protection for people on the basis of sexual orientation, gender identity and intersex status [28]. The fact that only gender diverse people are pathologized constitutes unequal treatment, resulting in a violation of the right to non-discrimination. This diagnosis of “gender dysphoria” in children in DSM-V or “gender incongruence” in childhood in ICD-11 has no clinical utility because children do not need treatment. The right to access trans-specific healthcare serves as a justification to claim the right to depathologization
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