Human Rights for Trans Men in Colombia Tak Combative (D. C. Hernández) & Colectivo Entre-tránsitos
From sex to gender, the situation of trans men
When did you decide to be a man? When did you decide to be a woman? These questions make no sense at all for most people, because most people never make such a decision. If we understand gender as a performative way of being, determined by culturally assigned roles, appearances, behaviors, and so forth, maybe we can give a little bit more meaning to the questions above. According to Judith Butler, gender is a way to interpret our physical differences; it is a condition not of what we are, but of what we do. (1) In fact, the real questions are: What does it mean to be a man? Or what does it mean to be a woman? Does it have to do exclusively with the way our bodies look? Gender studies have led us to understand several issues regarding this topic. First of all, we have learned that there is a difference between sex and gender. For several decades that difference was thought as a distinction between biology and culture. Sex was thought as the male/female division according to genitalia and reproductive functions. Gender was understood as the set of behaviors that corresponded to each sex. But the difference between biology and culture became more and more controversial when the concept of ‘the biological’, understood as a description of pure ‘facts’ about nature, was very difficult to maintain. It turned out that a biological description was also a way to interpret reality and, therefore, it was influenced by historical, social, political and ideological issues. It could be useful to remember, for example, that in Ancient Greece there was only one sex for human beings: male. Women were considered males with inverted sex (“one-sex model” according to Thomas Laqueur (2)). Nowadays both sex and gender are thought as social and cultural constructions. However, the difference between them (as much as the difference between sexual orientations and gender, for example) allows us to understand that to be a man does not equal having a penis, and to be a woman does not equal having a vagina. It turns out, then, that to be a man or a woman has to do with a series of behaviors, dress codes, roles in society, activities one is allowed to do or not, advantages or disadvantages regarding different kinds of power, etc. This means that there are a lot of ways to understand the concept of woman and man, depending on the context. Especially for the Western mentality, there is a set notion of what it entails to be of either gender. This often leads to discrimination against those who are not easily categorized as a conventional man or a conventional woman. They are limited, oppressed and segregated by other members or entities of society. Having taken into account what has been mentioned above, perhaps it is easier to understand more about the questions that were raised. In general, we assume our gender without much consideration, almost by instinct. But if we analyze gender the way we have done, we can critically question how we name or
refer to ourselves and to others. Transgender persons have a more conscious view about these questions, simply because they recognize themselves as belonging to a different gender than the one they were assigned to at birth (assignation given by their genitals) -and expect others to acknowledge their identity as well. A trans man is assigned the female gender at birth, but at some point of his life decides to become a man (although he might not want to arrive to the opposite pole either.) Trans men develop a series of changes that vary according to their preferences and feelings: they change their names, dress according to the standards of masculinity and, sometimes, they take testosterone to modify and model their own bodies. They could also decide to have surgery in order to acquire genitals similar to those of biological men. However, in countries like Colombia, sex reassignment surgery (which is commonly associated with the people named ‘transsexual’) for trans men is not usual because it is excessively expensive, there are not enough competent doctors to perform it, and the results are often poor. In Bogotá, trans men are slightly visible and publicly recognized. “Colectivo Entre-tránsitos” was the first collective that brought together men with trans experiences (3). This group was formed in 2009 with the intention of fighting for the rights that were denied to trans men, work for their visibility, and provide information about medical procedures and other important treatments. Another key task of the group is to think about and construct new masculine ways of being, trying to change violent conceptions of masculinity that are often related to patriarchal mentalities. (4) Human Rights for all humans? According to the handbook “Derechos Humanos: Manual para parlamentarios” (5) –published by the UN Office of the High Commissioner for Human Rights-, human rights have been considered one of the world’s main concerns since World War II. The document states that ‘human rights’ has to do with the most fundamental rights of everyone and it determines the relationship between individuals and larger power structures, specially the State. In the first article of the United Nation’s Charter it is expressed as one of the main objectives of the organization: “[...] promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion” (6). Among the “human rights” that must be protected without distinction, we can find the following in the Universal declaration of Human Rights (7):
Civil and political rights: the right to life, to safety, to non discrimination based on religion, race, age, sexual orientation, gender identity and so forth, and the right to get married and have a family. Economic, social and cultural rights: the right to work, health, education, social security and an adequate standard of living. Collective rights: the right to development and to free determination.
According to “The Yogyakarta principles: Principles on the application of international human rights law in relation to sexual orientation and gender identity”, “all human beings are born free and equal in dignity and rights. All human rights are universal, interdependent, indivisible and interrelated. Sexual orientation and gender identity are integral to every person’s dignity and humanity and must not be the basis for discrimination or abuse.”(8) If we read closely, this means that gender identity is in fact considered a human right. It is important to mention that this document defines ‘gender identity’ as: “each person’s deeply felt internal and individual experience of gender, which may or may not correspond with the sex assigned at birth, including the personal sense of the body (which may involve, if freely chosen,
modification of bodily appearance or function by medical, surgical or other means) and other expressions of gender, including dress, speech and mannerisms.” (9) However, in spite of all the efforts to protect human rights universally, unfortunately they are still constantly violated. A report by the Office of the High Commissioner for Human Rights (OHCHR) published in 2010 (10) places sexual orientation among the main causes of discrimination. The report declares that discrimination based on sexual orientation or gender identity is a major concern related to human rights in different countries. For the case in point, we may say that, in general, all the rights mentioned before are not protected or guaranteed for trans men in Colombia. To begin with -even though it is not always the case, and there are examples of joyful and empowering experiences- the transit from one gender to another can be traumatizing to the individual, due to the negative reactions and rejection from friends, family and educational institutions. Obviously, it could also be traumatizing for the ones who surround the person in transit, but it is very hard to establish successful communication and understanding between the trans man and the people around him, because the prototypes for men and women are deeply incorporated in the members of our society. This may cause the trans man to abandon his family and try to build a new one, sometimes exposing himself to illegal work, exploitation or drug abuse. Further difficulties may arise when an individual decides to go through this significant change. If the person is going to school, he could be the target of different forms of discrimination, mockery and other expressions of trans phobia, not only coming from the students, but from the teachers themselves. In the Colombian scenario this issue is particularly delicate because in our educational system it is very common to have different school uniforms for men and women, sometimes even the classrooms are separated by gender (if the institution is for boys and girls, because sometimes schools are only for one gender).(11) All of these factors could cause trans men to quit school. But schools are not the only place where trans men face trouble, they do so at their work place as well. Even though it is not legal to fire an employee based on their gender identity or sexual orientation, there are many ways of harassment, which could lead to desertion. We have so far touched upon four human rights that are at risk: development, non-discrimination, education and work. If a trans man has gone through his process or transit away from school and work, but at some point wants or needs to regain a productive role in society, he will encounter significant obstacles again. In order to change the gender indicated in the official identification documents, it is required to have undergone sex reassignment surgery. As it was mentioned earlier, it is nearly impossible to get these kind of surgery and, when granted, good results are not guaranteed. This is the reason why, when looking for a job, trans men are discriminated, because of the impact caused by that ‘f’ letter on the document. In addition to this, all Colombian men need to present their military card (which proves they have done the mandatory military service), in order to get a diploma at the university and to be legally hired for any job. Trans men usually don’t have a military card, actually, it could be dangerous for them to present military service because if they are “discovered” as trans men, they are exposed to sexual, emotional or physical violence by the other biological men. Once again, basic human rights like education and work are at risk. The healthcare system is another important concern. Due to the lack of information and rejection to issues involving the trans population, it is not a comfortable experience for trans men to go to the doctor when it is needed. Approaching a hospital implies the risk of being exposed or questioned. It is also highly
probable that the staff (secretaries, security personnel, etc.) mistreat the patient because the way he looks does not match the name and sex they see on his official identity document. But even if we forget these issues, it is true that doctors barely have any information or disposition to hear and understand the situation of trans men. Usually, if a doctor has any knowledge about this process, the response tends to be quite radical and aggressive: if you are a woman who wants to be a man you have to take testosterone, remove your reproductive system, your breasts, and finally have the reassignment surgery. That is the only way. Or, if the doctor knows nothing about trans men (or does not want to know), he is not going to understand why, for example, a man is attending a gynecologist, and will simply treat a trans man as a woman. These problems can cause trans men to abandon the healthcare system and to self-medicate without the appropriate information and control. Another medical issue is psychological assistance. This is a complicated matter because the process of transitioning from one gender to another (or to nowhere) was considered an illness (gender identity disorder or gender dysphoria) until 2012, according to the Diagnostic and Statistical Manual of Mental Disorders IV (12). It is also hard, then, to establish a patient-therapist communication suitable for a good process that recognizes the gray zones between man/woman, as the trans man will be treated as being mentally ill. Finally, about the right to get married and have a family, we can say that, according to the ‘f’ (female) letter on the document, the marriage between a trans man and a biological woman is considered a gay marriage. An approval for civil unions known as “de facto marriage” was obtained in Colombia in January of 2009, but the legal as well as cultural view of ‘marriage’ relates to greater benefits and rights for the spouses. Possible solutions One of the most important dreams for Colectivo Entre-Tránsitos is to build pleasant and joyful transits. The pursue of that goal has been possible through the accomplishment of various projects negotiated with USAID, CIVIS and a Colombian foundation Radio Diversia for visibility, information and protection of human rights for trans men. One of the products of these alliances is, for example, a brochure published in 2011 in which the most important rights for trans men are exposed through illustrated tales. (13) Other strategies for achieving this goal have been organizing art interventions; performances, literary productions, and an interesting musical project called “Jeringa Mueca”, in which the lyrics of a popular music called reggaeton are transformed out of the chauvinism and degradation of human beings. There is also a series of alliances between the collective and other social trans organizations in Colombia such as Fundación Procrear, Grupo de Apoyo Transgenerista GAT and Santamaría Fundación. These alliances aim at the construction of a common social agenda. Colectivo Entre-tránsitos has participated and organized public manifestations, academic encounters and legal meetings in order to obtain military cards and name changes. In addition of what has been said about this topic, it is important to mention that military cards are delivered to trans men under huge costs and only if they present the dysphoria certificate. Thanks to the work of the group, many trans men were able to change their names obtain military cards. This collective also supports the international campaign Stop Pathologization (14), which organizes different public events to protest and create awareness around the presence of gender transits in everyone's lives. Pathologization makes reference to the constant intent to interpret trans population as mentally ill. Fortunately, the condition was depathologized at the end of 2012.
Even though the trans men community has achieved all those improvements for their lives, there is still a long way to go. Colombia needs a gender identity law, similar to the one approved in Argentina, which allows trans citizens to change their officially recorded sex without pre-requisites, and guarantees access to hormone therapy and surgery if they request it. It is also necessary to develop more campaigns to raise awareness on the issue in schools, in public offices and medical institutions. It is specially imperative to transform the mentalities to offer better education at school that is not supported by the idea that there is only two radical different ways of being: man or woman, or supported by patriarchy, chauvinism and heteronormativity.
References
1. Judith Butler, “Críticamente subversiva,” in Sexualidades transgresoras. Una antología de estudios queer, (Barcelona: Icaria editores, 2002,) 55-80. 2. Thomas Laqueur, Making sex (England: Harvard University Press, 1992.) 3. Colectivo Entre-Tránsitos, http://entretransitos.blogspot.com/ and http://www.entretransitos.org/ (accessed April 15, 2013.) 4. This article comes from the knowledge I grasped (and keep grasping) thanks to the experience I had when I belonged to the group. Today I work side by side with those who now are my friends and allies. Thanks to them, I also examine my own gender identity to liberate myself from the labels of man and woman. 5. UN Office of the High Commissioner for Human Rights, Human Rights - A Handbook for Parliamentarians, No. 8, 2005, http://www.refworld.org/docid/46cea90d2.html (accessed April 16, 2013.) 6. United Nations, Charter of the United Nations, October 24 1945, 1 UNTS XVI, http://www.un.org/en/documents/charter/chapter1.shtml (accessed April 16, 2013.) 7. UN General Assembly, Universal Declaration of Human Rights, December 10, 1948, 217 A (III) http://www.un.org/en/documents/udhr/index.shtml (accessed April 15, 2013). 8. International Commission of Jurists (ICJ), Yogyakarta Principles - Principles on the application of international human rights law in relation to sexual orientation and gender identity, March 2007, http://www.refworld.org/docid/48244e602.html (accessed April 16 2013.) 9. International Commission of Jurists (ICJ), Yogyakarta Principles. 10. UN Office of the High Commissioner for Human Rights, OHCHR Report 2010, Thematic Priorities, Discrimination,
http://www2.ohchr.org/english/ohchrreport2010/web_version/media/pdf/3_Discrimination.pdf, (accessed April 15, 2013.) 11. It is worth noting that sexual education in Colombian public schools is only focuses on the prevention of sexually transmitted diseases and non-expected pregnancy, rather than on issues about sexual orientations or gender identity. It is meaningful, for example, that the critiques to sexual education in Colombia refer to the fact that school teachers only speak about diseases and pregnancy, but not about moral values. See for example Bernardo Morales Osorno’s “Is sexual education in adolescents enough?” in Revista colombiana Salud Libre. Vol. 3, Nº 1, 2008: 112-122. He exposes a very conservative view for which freedom regarding gender identity is considered outrageous. 12. American Psychiatric Association. Diagnostic and statistical manual of mental disorders: DSMIV. (Washington, DC: American Psychiatric Association, 1994,) 576. (Also available at http://www.aclu.org/files/images/asset_upload_file155_30369.pdf, accessed April 15, 2013.) 13. The brochure is available at: http://es.scribd.com/doc/101778389/Revista-Xtreme-Esta-Si-Es (accesed April 15, 2013.) 14. See the campaign’s website at http://www.stp2012.info/old/en (accessed April 15, 2013.)
Suggested readings Miguel Berguero, “¿Hacia la despatologización de la transexualidad? Apuntes desde una lógica difusa,” Revista NORTE de Salud Mental, vol. VIII, nº 38 (2010): 56-64. Judith Butler, Bodies That Matter: On the Discursive Limits of "Sex" (New York; Routledge, 1993.) Leslie Feinberg, Trans Gender Warriors. (Boston: Beacon Press, 1996.) Jeremy Kidd, “Transgender and Transsexual Identities: The Next Strange Fruit. Hate Crimes, Violence and Genocide Against the Global Trans-Communities,” Journal of Hate Studies, vol.6 (June 2008): 3163. Miquel Missé, El Género Desordenado (Bracelona: Egales, 2010.) Suggested Movies: Southern Comfort. Directed by Walter Hill, 2001. Boys Don’t Cry. Directed by Kimberly Peirce, 1999. Normal. Directed by Jane Anderson, 2003. Drifting Flowers (Piao lang qing chun). Directed by Zero Chou, 2008. Tomboy. Directed by Céline Sciamma, 2011.