29. Juli 2021

Gesetz zum Schutz vor Konversionsbehandlungen in Deutschland: Eine Beschwerde an UN Women (UN CSW) von LAZ reloaded

Law on „Protection against Conversion Therapy“ is harming girls
Law of 12 June 2020 (BGBl. 2020 I No. 28 of 23 June 2020, p. 1285)

Background: This law which has recently been enacted by the German Federal Parliament, is paving the way for harmful medical and surgical interventions concerning children, increasingly young girls who do not confirm to sex stereotypes or are diagnosed with gender dysphoria. This is a human rights violation affecting the status of women, in particular, girls.

Content: Assuming an interrelationship of “LGBTI”, the law does not just prohibit (psychological) treatments that intend to change or suppress sexual orientation – which is desirable – but also so-called self-identified gender identity of minors, a protected vulnerable group.

Pursuant to the law, members of the medical and psychological professions are not allowed (under threat of legal punishment) to apply treatments analyzing possible reasons and psychological side defects of juvenile patients suffering from gender dysphoria. Instead, their treatment must only be an affirmative one, being the preliminary stage for gender reassignment of children. Even guardians (mostly parents) are, to a lesser extent, affected by the prohibition of “conversion therapy”.

Harmful medical and surgical interventions for children (gender reassignment) are not labelled “conversion therapy” since they are based on the young person’s “wish”.

Doctors and psychologists are getting criminalized for executing their professional duties. Parents’ constitutional rights have been severely curtailed.

Harmful medical and surgical interventions for children are getting depathologized since they are based on the young patient’s “wish”. Why and how young patients should be able to foresee the consequences of these interventions is lacking plausibility.[1]

Infertility and mutilation of juvenile bodies are being accepted approvingly.

Despite the German constitutional right to physical integrity, the law is adopting transgender ideology (psyche trumps body), which may have fatal, irreversible consequences among unstable minors[2] with so-called “rapid onset gender dysphoria” (ROGD)[3], mostly girls. The rate of detransitioners is increasing[4].

The above mentioned law is paving the way for harmful medical and surgical interventions concerning children, increasingly young girls. This is a human rights violation affecting the status of women. The German Federal Government should pay attention to the increasing number of detransitioners – mostly girls[5], and eliminate legal protection against “conversion therapy” as far as gender identity is concerned. The psychological and physiological stress of detransitioners is evidence of a failure to observe the obligations pursuant to Article 6(2) and Article 36 of CRC and Art. 10 of CEDAW.

[1] Quincy Bell, Mrs. A. vs. The Tavistock and Portman NHS Foundation Trust, Approved Judgment of The High Court of Justice, London [2020] EWHC 3274 (Admin), dated 01/12/2020, Rz. 26, https://www.judiciary.uk/wp-content/uploads/2020/12/Bell-v-Tavistock-Judgment.pdf

[2] Stephanie Davies-Arai, Self-Declared Gender Identity: The Impact on Children and Adolescents, 17 June, 2017, http://transgendertrend.com/transgender-law-concerns

[3] Littman L (2018) Parent reports of adolescents and young adults perceived to show signs of a rapid onset of gender dysphoria. PLoS ONE 13(8): e0202330. https://doi.org/10.1371/journal.pone.0202330

[4] Abigail Shrier, „Irreversible Damage. The Transgender Craze seducing our Daughters”, Regnery Publishing, 2020.

[5] Chantal Louis, „Sam, Nele & Ellie. Geboren: Als Frauen. Gelebt: Als Männer. Heute: Wieder Frauen“, Emma, März/April 2020, S. 54ff.; “Dagny on social media, gender dysphoria, ‚trans youth’, and detransitioning”, June 4, 2019, https://www.feministcurrent.com/2019/06/04/dagny-on-social-media-gender-dysphoria-trans-youth-and-detransitioning;

Autorin: Gunda Schumann ©

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