Changeling Aspects


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Kathy's Komments

This page will have regular comments from Kathy.

 

"Conformity is the jailer of freedom and the enemy of growth."
( John F. Kennedy - Address to the UN General Assembly-(25 September 1961.) -http://en.wikiquote.org/wiki/John_F._Kennedy

 

Resounding Success

 


In the last week, following on from a ‘Question of Legality’ there has been a resounding success in New Zealand.

A second Trans Woman has received her Court Order (Full details when to hand) recognising her as Female. This was after two court appearances, a week apart, and much opposition from the New Zealand Births, Deaths and Marriages Department.

We now believe that this could force the New Zealand Government to review the Births, Deaths and Marriages Act 1995, and may lead to an amendment that could see a Gender Recognition Certificate (GRC) for those not born in New Zealand.

We in Australia, now await the full Court Decision, in order to see if we can use any, or all of the decision in Australia. A Court Order here is a very expensive and time consuming matter, so we would sooner use the outcome of the New Zealand case to further our need* for a GRC in those States and Territories that do not issue one to Trans people who reside in that state or territory, but were born abroad. To date only South Australia and Victoria issue a GRC or the equivalent. I believe that West Australia may offer a Court Order.

As we are aware from our dealings with the UK under their Gender Recognition Act 2004, the issue of a GRC in the jurisdiction in which we now live and recognising us in our preferred gender would obviate the need for doctor’s reports, as we could then apply via the “Overseas Track”

At present we must await the Court Decision, in order to see how and if we can apply all or part of it in Australia.

Kathy - 22/04/2007

 

*  - ‘our need’ for GRC etc, has been thanks to Governments around the world insisting on greater and greater levels of security and overwhelming ‘proof’ of who average citizens are. 

This, of course, makes sense in light of the world events of the past decade, but this ‘need’ by the Governments of the world for tighter forms of proof, has revealed enormous errors, ambiguities, paradoxes, double-standards and conflicts between the various legislations of the Federal or National Governments of the world, many of which cannot even arrive at consistency of legislations among State Governments within those Federal countries.

How can they possibly expect to arrive at agreement over the ‘standards of evidence of proof of identity’ demanded around the world now.

Meanwhile, demands from the World Governments for irrefutable evidence of proof of identity are so frustrating when their own laws confound and inhibit the process of delivering such proof.

For example:

The UK Gender Recognition Act 2004 being predicated on “NON SURGERY” has really thrown a spanner in the works!

Far from removing those problems sited above, it has created extra problems to be faced by both the Trans community and the World at large.

By this I mean, inspections when at immigration points, especially now with the new x-ray machines! A person who has received an amended Birth Certificate, but still retains male genitalia is not going to be in a very happy situation if found out via these machines. Are they to be accepted as per their Birth certificate, or treated as a possible suspect, and therefore held in custody until cleared? Where will they be held? Certainly not in the female housing one would think!

 These problems are not of the making of the Trans community, but again by the Government Departments that put these Acts together without really thinking through the full ramifications as known at the time.

We know that areas of concern can alter, but these should be dealt with as and when they arise, and be allowed into law to suit the times!

 

 

Please also see:

2007-04-19 - A Case for the European Human Rights Commission?

2007-04-18 - Question of Legality

2007-04-15 - Yogyakarta Principles

2007-03-28 - Letter to Qld Attorney-General

2007-03-17 - Problems and Implications within The Gender Recognition Act 2004 (GRA 2004)

2007-03-17 - Birth Certificate And Rights

2007-02-24 - New X-Ray Technology in Airports

2007-02-06 - Changeling Aspects Submission to Queensland Government - GRC

 



Changeling AspectsIn affiliation with Agender-(Aust) & Transbridge-(Townsville)

We are based in South East Qld, in Australia About Us  ... Contact Us    ( Most Art above are extracts from the Art of Maxfield Parrish© )

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This Website Created ...... Saturday, 20. May 2006

Last Updated: Tuesday, 22. January 2008

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