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No Slaving Behind the Cooker Whilst Someone Else Gets the Ride! Print E-mail
Opinion - Guest Columns
Maggie Fox   
Wednesday, 01 June 2011 09:00
Writing woman.Machester, UK. If you are woman you will laugh and understand the title; if you are a man — probably not! It also neatly summarizes the problem women born transsexual face.

Human beings are categorized male or female at birth and UK Law only recognizes one or the other. Now whilst I personally feel sex should not be recorded, as it is no longer needed to estimate the number of men a King could raise for an army, that might be a rather long term objective!


So we mess about with equality based on the concept of gender. I loved this quote from a child at Redwood Heights who got gender theory in one bite! “I think it's about how it doesn't matter who you are," he said. "If you're a girl who likes girl stuff, or a boy who like boy stuff, it just matters if you're human." However that ignores the sex you fundamentally are.

You know the core binary bit: the entire universe needs it to actually exist in a state of equilibrium? Well that applies to your brain too. That some individuals will need to repair this balance when the sex of their brain is so fundamentally opposite to the initial medical allocation of body sex at birth is obvious. When such a condition occurs it cannot be talked away. The only cure is surgical and lifelong hormone treatment to establish and maintain their corrected sex.

I am conscious of using the inadequate word correction here as that implies a subjective judgmental fault when it is a natural physical phenomena and not a mental illness. Someone who has not experienced such a fundamental experience — that clearly starts in the mother’s womb — will not be able to fully understand the difference between sex and gender roles or presentation.

Every so called expert in gender dysphoria or gender reassignment who has not actually experienced this naturally occurring condition will fail to understand the core issues and treatment needs as their judgments will be based on their personal values formed through politics, religion, social science or anatomical studies and that leads to discrimination, prejudice and inappropriate treatment suggestions.

Everyman and his dog has an opinion and a suggestion because they think they understand but one thing for certain is they don’t know like someone who has done it. This is hardly surprising as people will tell the gatekeeper whatever the gatekeeper wants to get to surgery and this has resulted in some truly barmy theories of gender.

So someone who knows that they must permanently and irrevocably move from the sex someone at birth chose for them to the one they know they are is bound to be faced with some incredibly discriminatory hurdles. To me Equality means Equal full stop but in a patriarchal society based on Abrahamic religious judgments by the great and the good we have to be careful we understand the rules that become law that whether we like it or not we are all bound by.

No matter how much they play with words the medical establishment take the God like view that firstly their decision of sex allocated at birth cannot be challenged or changed. They therefore believe that a challenge or even the slightest desire to move away from their decision is a mental illness.

This mental illness has found its way into law with the requirement to see a gender specialist overwhelmingly taken from the mental health industry to confirm gender dysphoria to get a changed birth certificate from a gender recognition certificate to list the fact that the original decision cannot be challenged or changed. This is the ultimate in fascism and Hitler would be proud of these charlatans.

Now bring in the concept of sex discrimination that, of course, had to be altered to include intention to undergo or having undergone gender reassignment but correctly didn’t define what gender reassignment is, so as not to discriminate against men born with a difficult to enhance female anatomy. This has of course created two interesting possibilities of a man giving birth and a woman with a penis forcibly raping by penetrative sex though it really would be a Nazi state to insist on forced sterilization or castration.

Now let’s add into the confusion the issue of people who chose to make their sexuality the defining characteristic of their lives and it gets even more complicated with the addition of T to LGBT or is it LGBT&TQI; as it keeps changing to create a bigger and bigger political lobby group.

Slight aside here

Our new UK Minister for Equalities has stated several times that Transgender or Trans is a particularly difficult community to reach.

Someone should tell her that it includes fantasists and fetishists who are hiding their predilections from their wives, girlfriends, work colleagues, and so forth.

They will be a tad difficult to engage!

Let me say here none of that bothers me.

People should enjoy their sexuality and their fantasies and fetishes. Everyone has them to some greater or lesser degree and they must not let other people's judgments create any guilt, providing they are not exploiting those who are yet able to give informed consent.
Equality is never easy when you have to balance so many issues but it remains important to keep coming back to Equality means Equal full stop! So with that in mind we must put individual need before societies groupings.

That is my issue with Trans- or Transgender — the forced catch all that denies the legitimate right of an individual to both move from one sex to another: hormonally and surgically correct and maintain the perceived characteristics of that sex without moral, medical or legal judgments.

These are the current laws that a woman born transsexual can use when dogma of social science and sociopolitically-based discrimination occurs. Prejudice and discrimination are perpetuated by out of court settlements so that case law does not expose the medical establishment systemic prejudice.

We, though, have an obligation to make it easier for those yet to be born knowing that they must change a sex defining characteristic. So here is how the law in the UK can be used to ensure fair & non discriminatory treatments. You need to start by understanding that the 2010 Single Equality Act did two things.

A. Created a protected characteristic of gender reassignment.

1. A person has the protected characteristic of gender reassignment if the person is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning the person's sex by changing physiological or other attributes of sex.

2. A reference to a transsexual person is a reference to a person who has the protected characteristic of gender reassignment.

3. In relation to the protected characteristic of gender reassignment—(a) a reference to a person who has a particular protected characteristic is a reference to a transsexual person;(b) a reference to persons who share a protected characteristic is a reference to transsexual persons.

This fundamentally changed the definition of gender reassignment, by removing the requirement for medical supervision.

B. The concept of proportionate action to achieve a legitimate aim was also introduced.

A person does not contravene section 29 (provision of services(that includes medical)), so far as relating to gender reassignment discrimination, only because of anything done in relation to a matter within sub-paragraph (2) if the conduct in question is a proportionate means of achieving a legitimate aim. The matters are:

(a) the provision of separate services for persons of each sex;
(b) the provision of separate services differently for persons of each sex;
(c) the provision of a service only to persons of one sex.

This has been used to allow a prison for a felon to be selected on the basis of physical anatomy not just on legal sex. It also introduces discrimination on the basis of failing to take proportionate means of achieving a legitimate aim.

It is a legitimate aim to both seek gender reassignment without medical supervision and where medical input is requested demand that treatments by medical staff for those that seek surgical intervention and continuous life long hormone treatment are not discriminatory. Grouping together both those who have had or intend to have hormone and surgical treatments with those that have no such intention is discriminatory.

Sex is defined as that allocated at birth or acquired through a gender recognition certificate. So once you have a female birth certificate you must not be treated differently to any other woman. That means no extra conditions on anything. The right to SRS is automatic at the hospital of your choice with the surgeon of your choice. No PCT can refuse to fund this.

Any decision to refuse treatment at the preferred hospital would be sex discrimination by reason of gender reassignment contrary to the Sex Discrimination Act 1975 as modified by The Sex Discrimination Act 1975 (Amendment), Regulations 2008 No 963. Once genital surgery is completed failure to continue with hormone therapy for life to maintain feminisation is also discrimination.

The Gender Identity Clinics that some people chose to pass through have for a long time now been in breach of The Mental Capacity Act hiding behind the old chestnuts of prejudice that “you might regret it” or “it might be a symptom of some other serious mental illness” like delusion?

The Mental Capacity Act 2005 affirms that a person must be assumed to have the capacity to make a decision about their life/treatment unless there is evidence that they do not have such capacity. That a decision may appear to be foolish or unwise to someone, such as the PCT, is not evidence of this. Any Department of Health or PCT policy that contradicts the Mental Capacity Act 2005 is unlawful and invalid.

I have been discriminated against four times in Manchester, a city that claims global standards of tolerance, by medical staff who refuse to see me as anything other than a gay man with a serious mental illness of presumably not accepting their diagnosis of delusion!

Here is my story of discrimination
To: Chief Executive Manchester Primary Care Trust

25 May 2011

Quill PenIt is with regret that I find myself having to make a fourth complaint against NHS medical staff within Manchester, I am concerned that Manchester PCT medical staff/contractors are practicing systemic discrimination against women who are undergoing surgical gender reassignment or who have completed it.

My experience of treatment by Manchester PCT has been of repeated discrimination.

I must now insist you take action to stop such systemic discrimination.

My complaints are summarized as:

Current complaint against four GPs at the XXX Practice where my treatment by these doctors since 16th March 2011 has shown that they do not perceive me to be female although my legal status is female. They treat me differently from other female patients in terms of additional qualifications for access to essential medications. I believe that their treatment of me is sex discrimination by reason of having undergone gender reassignment. I have written to PALS to try to obtain a non prejudiced GP.

Complaint against Manchester PCT’s unlawful rejection (18th December 2009) of my Individual Funding Request (IFR) to have chest reconstructive surgery due to discrimination by reason of gender reassignment. This complaint has been resolved following a review of the IFR decision (18 August 2010) and I have been refunded the cost of having this essential surgery privately.

Complaint against my treatment by medical staff during inpatient surgical treatment in Manchester Royal Infirmary 18th to 19th November 2009. I made a verbal complaint to Mr ZZZ at the time that a nurse had told the women in my recovery bay that they had a drag queen coming into the bay and that a senior consultant removing packing from my septorhinoplasty repeatedly used male pronouns to describe me to his group of interns. Mr ZZZ made a verbal apology on behalf of the nurse and the consultant apologized personally. I accepted their apologies on behalf of the Trust and I took no further action.

Complaint against the unlawful rejection (17th June 2008) of my Individual Funding Request (IFR) to have gender reassignment surgery as a legal female with the surgeon of my choice at the hospital of my choice due to discrimination by reason of gender reassignment . The treatment path offered was unlawful in terms of process, factors & criteria with respect to The Mental Capacity Act 2004, sex discrimination by reason of intention to undergo gender reassignment under the Sex Discrimination Act 1975 as amended by The Sex Discrimination Act 1975 (Amendment), Regulations 2008 No 963. After much wasted time and effort I was finally given approval for gender reassignment surgery with the surgeon of my choice at the hospital of my choice on 8th June 2009.

In making complaints, I have only ever demanded an apology for discrimination. I have only claimed treatment to which I am legally entitled or payment of treatment that I have paid for privately after unlawful refusal by the PCT. I have been successful in asserting my human rights but I have never sought additional compensation and I do not intend to do so again in the current complaint.

However if some Manchester PCT medical staff do not understand Sex Discrimination law and The Gender Recognition Act both of which apply to the NHS without exemption then you must now take action even if that means investment in training and changing attitudes is required.

Manchester PCT cannot ignore this request as it has a legal duty to protect my rights.

This is not a new issue. I attach a copy of Engendered Penalties, a report commissioned for the Equalities Review and published in February 2007. This report speaks for itself and I insist that the PCT address all the issues relating to accessing health care for both transsexual as well as transgender people. For example the Mental Capacity Act is widely ignored by all those involved in care up to consent for surgery.

In my case:

Why do I have to suffer the blatant discrimination that I have experienced in Manchester unlike other women?

Why is my legal status as female constantly challenged (is it perversely because I have had genital correction)?

Why are my unique medical requirements as a woman who was born transsexual, who has had comprehensive reconstructive genital surgery, compromised by policies designed to work for those who don’t have surgery?

I am a 61 year old disabled retired lady living on a small pension and the stress of this constant discrimination is destroying the enjoyment of my final years and could permanently and adversely affect my health through gender politics being placed above science. Please help me end this prejudice and stop the resulting discrimination. I should not have to spend so much time asserting and defending my right to live without discrimination.

I therefore respectfully insist that you follow your legal duty to protect my rights and take action recognizing my complaints of systemic or institutionalized discrimination by a policy that recognizes the protected legal characteristic of gender reassignment.

Pre- and post-operative gender reassignment medical needs are obviously very different for people who will or have undergone comprehensive genital surgery to non-operative people and whilst the law protects both it recognizes the concepts of legitimate and proportionate action (Single Equality Act 2010) and grouping both together is a confusion that creates an excuse for discrimination by medical staff. I am not asking for you to seek changes in law just apply it in a readily understandable way that preserves people’s legal rights.

I insist that the PCT addresses unlawful discrimination against people by reason of gender reassignment. Women who were born men are not gay men to be addressed or treated as a man but should be treated the same as any other woman requiring treatment without unlawful policies or procedures to impede delivery of treatment.

This is a simple concept and should not be difficult to implement. I again remind you that this is your statutory public duty.

Further areas of law also need to be enforced. The Gender Recognition Act 2006 provides for legal changes of identity and provides protection against disclosure of a person’s gender history that medical staff must uphold.

In the 2010 Single Equality Act it states that "The Gender Recognition Act continues to provide the statutory framework for transsexual people to gain legal recognition in their acquired gender once a person has obtained a full Gender Recognition Certificate. The Act does not affect that."

To summarize, contracted or employed PCT medical staff are dismissing and/or ignoring these laws and this time you must take action against the sex discrimination which is a direct consequence of their actions.

I will willingly cooperate with whoever you delegate to review & investigate your practices & policies and provide whatever assistance that I can.

Yours sincerely,

Maggie Fiona Fox

Maggie Fiona FoxMaggie Fiona Fox is the human being probably produced by a cake shop assistant from Tredegar, Monmouthshire. She was adopted at birth and educated at Bassaleg Grammar School Newport and the Queen Mary College, University of London Nuclear Engineering Department. After a diverse career encompassing Ladies Fashions, Commercial Management, Information Technology and even Biscuit Making.

She is now retired and lives mostly in Manchester, England indulging her passion for music, art and literature. Maggie knows equality requires you to embrace peace & the spirit of love.

TS-Si News ServiceThe TS-Si News Service is a collaborative effort by TS-Si.org editors, contributors, and corresponding institutions. The sources can include the cited individuals and organizations, as well as TS-Si.org staff contributions. Articles and news reports do not necessarily convey official positions of TS-Si, its partners, or affiliates.

We welcome your comments. Use the form below to leave a public comment or send private correspondence via the TS-Si Contact Page. We will not divulge any personal details or place you on a mailing list without your permission.


TS-Si is dedicated to the acceptance, medical treatment, and legal protection of individuals correcting the misalignment of their brains and their anatomical sex, while supporting their transition into society as hormonally reconstituted and surgically corrected citizens.

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Last Updated on Tuesday, 31 May 2011 23:47
 
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