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    A Boy or A Girl or A Person: the Lack of Recognition for Intersex People

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    Not surprisingly, Fox News presenter Clayton Morris had to apologise for his ‘ignorant and stupid’ comments mocking the new gender options for Facebook profiles which allow users to register as intersex. The TV presenter ridiculed the move of the social media company referring to intersex by saying “whatever that is”. This case illustrates the prejudice and ignorance surrounding the reality of individuals who cannot be clearly classified as male or female at birth. Most countries worldwide still neglect this human rights problem and intersex people remain invisible to the majority.

    The International Day against Homophobia and Transphobia of 17 May also aims to highlight the struggle against the discrimination and prejudice suffered by intersex people. The word “intersex” has replaced “hermaphrodite”, which was widely used by medical practitioners during the 18th and 19th centuries. The social expectations for either a girl or a boy at birth, or a woman or a man in society, are the source of the problems intersex people face. Society does not usually recognise a person without reference to their sex. Yet intersex individuals’ chromosomal, anatomical or gonadal characteristics do not belong exclusively to either sex. This is why intersex persons encounter huge barriers to the enjoyment of their human rights.

    Surgeries without consent

    The situation of intersex persons is not well known. Recent research has demonstrated that the parents of intersex babies are often ill-informed and baffled. Medical professionals may be quick to propose “corrective” surgeries and treatments aiming to “normalise” the sex of the child. Such surgeries, which are cosmetic rather than medically necessary, are often performed on intersex babies and toddlers. This can result in irreversible sex assignment and sterilisation performed without the fully informed consent of the parents and, even more importantly, without the consent of intersex persons themselves.

    “Corrective” operations and treatment are usually traumatising and humiliating. They can take a long time and post-operative complications are common. There are long-term effects on intersex individuals’ mental health and well-being. The sex assigned to children at an early age may not correspond with their identity and feelings later on.

    In addition, medical services are rarely transparent about the statistics of operations performed on intersex individuals and even the people treated experience difficulties in accessing their own medical records, as pointed out in a study published by the Heinrich Böll Foundation last year.

    Rights to self-determination and physical integrity

    The early “normalising” treatments do not respect intersex persons’ rights to self-determination and physical integrity. Intersex babies and younger children are not in a position to give their consent. The proxy consent given by parents may not be free and fully informed and can hardly take into account the best interests of the child in the long-run.

    The UN special rapporteur on torture, Juan E. Méndez, has called on all states to repeal any law allowing intrusive and irreversible treatments, including forced genital-normalising surgery, when carried out without the free and informed consent of the person concerned. Intersex individuals’ choice not to undergo sex assignment treatment must be respected.

    When operations are not necessary on medical grounds, they should only take place at an age when intersex persons can give their consent and participate actively in decisions about treatment and sex assignment. This position has been advocated by the Swiss National Advisory Commission on Biomedical Ethics which acknowledged the past suffering of intersex persons in November 2012 and called for an end to surgery for sociocultural reasons.

    Information and support

    Intersex children, their parents and families need adequate counselling and support, as highlighted by the Parliamentary Assembly of the Council of Europe, among others. Civil society advocates of intersex people should be able to participate in the provision of information and services to intersex families in addition to medical and social professionals. There is also a need to improve training about intersex issues and their human rights implications among health and social services.

    Legal recognition

    Birth certificates and many other official documents almost always require the identification of the sex of the individual concerned. It is usually impossible to differentiate the official recognition of the person from the definition of that individual’s sex. Therefore a person without a clearly identifiable sex can easily fall into a limbo of unrecognised personal status without official documentation.

    Since November 2013 in Germany, it has been possible to choose “blank” in addition to “female” and “male” on birth certificates. Therefore it is no longer necessary to identify the sex of children at birth. The practical consequences of this legal change remain to be seen and it is not yet possible to exercise similar choices when issuing identity cards and passports.

    Raise awareness and review legislation

    There is a need to raise awareness of and collect more data on the situation of intersex persons in society and the discrimination and prejudice they encounter in daily life also as adults. The reform of the Sex Discrimination Act in Australia last year introduced the ground of “intersex status” among other prohibited grounds of discrimination. This is a powerful tool to foster the equality of intersex people.

    I urge governments in Europe to review their current legislation and medical practices to identify gaps in the protection of intersex people and take measures to address the problems. Policy makers should involve civil society advocates of intersex persons such as the OII Europe and ILGA-Europe in these efforts. The enjoyment of human rights is universal and it cannot depend on the sex of the person. Intersex individuals must be granted full legal recognition from birth and amendments to their sex or gender classification should be facilitated to reflect their individual choices.

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    Nils Muižnieks was elected Commissioner for Human Rights with the Council of Europe on 24 January 2012 by the Parliamentary Assembly and took up his position on 1 April 2012. He is also a graduate from the University of California at Berkeley and Princeton University.

    Diversity

    Why Political Science Can and Should Lead Diversity Efforts in Higher Education

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    Diversity is big business in the academy. Foundations such as Ford, Carnegie, and Robert Wood Johnson support academic efforts to diversify the professoriate; and colleges and universities across the country are investing significant resources in diversity efforts. Furthermore, the academy has begun hiring chief diversity officers, following corporate sector trends — 60% of Fortune 500 companies have chief diversity officers among their top-executives.

    Although the numbers of women in political science have shown modest growth over the last two decades, the number of women of color in the field has largely remained flat. Political science scholarship on minority representation in U.S. legislatures sheds light on this professional conundrum, too. This literature shows how organized women, racial and ethnic minorities, and their allies can promote diversity and inclusive practices to bring about lasting change in political science, other disciplines and higher education more broadly.

    An Opportune Moment for Political Science

    Research on social movements shows that, when windows of opportunity arise, activists must have the resources to change the status quo and push for policy breakthroughs. I suggest that heightened attention to institutional diversity across academia presents an opportunity that political scientists can and should seize by presenting themselves as credible stakeholders who are well-equipped to: steward institutions’ newly available resources, run innovative pilot programs, and produce returns on institutional diversity investments for both students and faculty.

    Student demands will be a key resource in these efforts, but administrators can often “wait students out” — stalling student diversity efforts until a new cohort must begin afresh. Political Science is uniquely positioned to lead institutional change by using research from the discipline to encourage student activists to investigate the issues, formulate long- and short-term goals, determine the scope of their influence, identify allies and opponents, construct informed arguments, and make specific demands with measurable outcomes. This informed activism can help students leverage their status over time as students, alumni, and donors to move towards shared goals for departmental, disciplinary, and institutional change.

    Political Science is attracting many undergraduate women majors. Women are faring as well as men on the discipline’s job market. They are approaching pay equity with male colleagues and increasing their presence in the ranks of full professors. In 2010, women of color comprised 13.5% of female political science faculty, more than double their share in 1980. Although this improvement remains relatively modest compared to the nearly 300% increase in women faculty over that span, the progress for women of color is promising and can act as a foundation for future diversity efforts. Nevertheless, many challenges must still be addressed — including burdens of balancing tenure-track and family responsibilities, “inhospitable” institutional climates, and research norms that discount women’s contributions to collaborative work.

    Building a Diversity Infrastructure

    Sheer numbers are the first requirement for building diversity infrastructure. With sufficient numbers, members of gender and racial caucuses can promote further change and build organizational capacities. Research on the impact of diversity in Congress shows that the Congressional Black, Hispanic, and Asian Pacific American caucuses encourage information and resource sharing, enhanced communication, and collective action on behalf of racial and ethnic minorities. Through caucuses, task forces, and organized voting blocs, minority legislators have kept low-salience civil rights issues on the congressional agenda despite waning public interest. Women’s and racial and ethnic caucuses in national and regional political science associations show that female political scientists can capitalize on their numbers to act as disruptive-insiders to further diversify faculties and challenge discrimination.

    Buy-in from political science department heads who name search committees and from faculty making influential recommendations will be indispensable for furthering these efforts. Departmental objectives can be linked to university diversity efforts. Male faculty members should be encouraged to serve on diversity committees and act as change agents.

    Thinking beyond individual departments, women’s caucuses and ethnic caucuses in political science associations could share resources and knowledge and coordinate agendas. If increasing the racial and ethnic diversity of the discipline is to be achieved, then women’s caucuses will need to work closely with race and ethnic caucuses in the discipline. Although universal sisterhood may be a worthy ideal, faculty women of color cannot be cast as handmaidens rather than full partners in the work of transforming the discipline.

    Mentorship is Not Enough

    The number of women of color entering political science faculties has stagnated, and many minority faculty members leave political science departments for more hospitable interdisciplinary centers. Recruitment and retention should therefore be top priorities — and that is going to take more than just mentoring programs.

    Mentorship is a common answer to the challenge of recruiting, supporting, and retaining minority faculty. Mentoring, however, only teaches people how to survive in institutions. It does not necessarily attract more people to enter institutions, and it does not help them change institutions. Although the very presence of black women on academic faculties and in front of classrooms changes the academy, that is not enough. Despite widely shared good intentions, the discipline cannot rely on mentoring alone to help women of color overcome racism, sexism, and other systematic obstacles to their advancement. At best, mentoring will help women faculty of color expand their social networks, establish important professional relationships, and better navigate minefields. At worst, mentoring will help some individuals survive and advance, while maintaining longstanding power disparities in the discipline. Mentoring obviously cannot ameliorate the impediments that routinely challenge and undermine women of color at all ranks of the professoriate. Political science must lead the way in identifying and deploying all of the strategies that can bring broader progress in universities and disciplines.

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    The Impact of Institutional Racism on Capitol Hill

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    The 116th Congress, the current meeting of the legislative branch of the United States federal government, is the most racially and ethnically diverse in history. Black, Latinx, Asian/ Pacific Islander, or Indigenous members now account for 22% of Congress, a record-breaking trend on Capitol Hill. This represents an 84% increase over the 107th Congress of 2001 to 2003, which had 63 diverse members. Although racial and ethnic diversity among lawmakers has increased over the years, Congress remains disproportionately white when compared to the overall U.S. population.

    Social Solutionist Dr. Angela Henderson suggests that the lack of diversity of legislators on Capitol Hill is directly tied to institutional racism. Skilled in research and statistical analysis, Dr. Henderson examined demographic data from the 116th Congress to better understand the relationship between systemic inequities and racial and ethnic disproportionality. Dr. Henderson translates research into action-oriented solutions that will eradicate institutional racism and increase diversity on Capitol Hill.

    “The best way to change the future is to understand history.”

                     – Adam Ramer 

    The requirement for candidates to raise significant funds for their congressional campaign compounds the homogeneity on Capitol Hill. Due to the effects of slavery, Jim Crow laws, and unequitable wealth distribution, the lack of monetary inheritance within communities of color present significant barriers. Monetary inheritance within a family provides financial stability for future generations to thrive and take advantage of wealth-building opportunities. According to a 2014 Pew Research Center article, the income of households headed by Black people continues to lag behind households headed by white people. In 2014, the median Black household income was approximately $43,300 while the median white household income was about $71,300. The study also found that household heads with higher levels of formal education tend to have higher household incomes. However, the Black-white-gap in income occurs across all educational levels and indicates a lack of equitable opportunities for communities of color.

    Decades of racial discrimination, segregation, and disinvestments in communities of color have left families with fewer resources when under financial pressure. In 1933, President Franklin D. Roosevelt enacted The New Deal to combat a housing shortage and to increase housing stock. In reality, this program was a state-sponsored system of segregation that pushed Black and Brown families into urban housing projects. In 1934, the Federal Housing Administration furthered segregation efforts by refusing to insure mortgages within Black and Brown communities, a practice known as redlining. The Federal Housing Administration justified racial segregation by claiming property values would decrease if people of color bought homes near the suburbs. Although the New Deal was repealed in 1939, it has left behind ongoing stagnant racial inequities and deep wealth gaps between Black and white communities.

    Debt negatively impacts all families but is especially burdensome for families of color. Research suggests that while only 15% of white households have been late with debt payments, 27% of Black households have been late with debt payments. Without a social safety net or alternative financial means, more and more Black families may be at risk of taking out additional loans at high interest rates to pay their living expenses. This leaves fewer assets and means for families to support and assist their children with basic life necessities, such as housing, transportation, and/or college tuition.

    “There can be no learning without action, and no action without learning.”

              – Reg Revans

    According to Dr. Henderson, we can take the following steps to push back against the effects of institutional racism and increase leadership diversity on Capitol Hill:

    1. Community Rites of Passage Investment: We must strategically invest in our youth of color early, particularly investing in youths of color who are on a political track that requires financial means to succeed. Given that it takes a village to raise a child, our community should collectively craft solutions and invest in opportunities for our children to do so.
    2. Mentoring, Internships, and Fellowships: All professions, including political social workers and researchers, should challenge themselves to mentor and provide internships and fellowships to youth, undergraduate, and graduate students. These programs and opportunities, such as Emerge Virginia, will help students get acquainted with working in Congressional or State offices.
    3. Political Training Programs: This learning opportunity will help students develop skills around campaign messaging, fundraising, campaign budgeting, and all tactics pertaining to running for office.
    4. Political Action Committees (PAC): Support PACs, U.S. organizations that raise money privately to influence elections or legislation.
    5. Social Work Political Campaign Courses: Every social work program around the country should offer a course about social workers and political campaigns. This course should provide social work students with a year-long intensive training on politics, etiquette, debating, and different ways to prepare them for work in this realm.

    In order to increase leadership diversity on Capitol Hill, we will need to create more opportunities for people of color. Acknowledging the challenges and barriers they often face such as limited professional networks and political clout, we have to be intentional about bringing people of color into these spaces. We have to ensure that we are equipping youth and communities of color with the connections and resources needed to build wealth and maintain sustainability. As Congresswoman Ayanna Pressley urges, “we have to be disruptors, innovators, and we have to shake the table.”

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    How to Create Inclusive Environments for Black Students on Predominantly White College Campuses

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    Predominantly white institutions of higher education in the United States routinely point to rising enrollments of students of color as evidence of their commitment to racial diversity and inclusion. Indeed, from 1996 to 2012, college enrollments of minority students have increased exponentially. Across all types of institutions, the percentage of white college students enrolled in the United States fell from 84 percent in 1976 to 58 percent in 2015.

    Even so, Black enrollments in selective colleges and universities have remained consistently low for the past two decades. Regardless of shifting percentages, however, enrollment numbers are poor metrics for inclusivity. They say very little about the social integration of Black students once they arrive on predominantly white college campuses.

    Inclusivity depends on more than enrollment rates, it is about enrolled students coming to feel that they really belong in campus communities where they are valued and accepted. The prevalence of anti-Black incidents and the growing presence of white supremacist groups on college campuses suggest that America has not achieved true inclusivity for Black college students — and may be losing ground in some places.

    The U.S. Department of Education reports that the number of reported campus hate crimes increased by 25 percent from 2015 to 2016, right after the election of Donald Trump. Further, there have been high profile media reports of white students or college staff people who call the police on Black students and staff for engaging in routine activities such as sleeping in a residence hall common area or eating lunch on campus.

    Predominantly white institutions can cultivate more inclusive environments for Black students by moving beyond just numerical diversity. They should focus instead on subtle dynamics of campus exclusion, and the extent to which students feel they belong and are well mentored and supported.

    Mechanisms of Anti-Black Exclusion on Predominantly White Campuses

    Sociological research points to discriminatory dynamics for Black students on predominantly white campuses:

    Segregated white socialization. Anti-Black prejudice in the United States has long been reinforced by racially segregated neighborhoods, schools, and churches that make it possible for white students to arrive on college campuses without ever having interacted meaningfully with Black peers. With academic tracking, many white students can also be educated in predominantly white classrooms even in racially diverse public schools. As a result, many white students and faculty arrive on college campuses holding unchallenged racist myths and misconceptions about Black people.

    Hostile racial climates. Scholars find that a hostile racial climate leads to feelings of marginalization and isolation that harm achievement and retention for minority students. Greater numbers of minority enrollees do not necessarily lead to cross-racial interactions, or necessarily challenge dominant racial ideologies and master narratives. Black students experience hostile campus climates through everyday racial slights and the failure of faculty and administrators at historically white institutions to enact policies to counter racial and ethnic harassment.

    Assumptions flowing from college admissions policies. College admissions policies can contribute to the marginalization of Black students by creating presumptions that many of them may be less meritorious than their white and Asian peers. The Black–white SAT test score gap feeds into racist notions of Black intellectual inferiority and informs false narratives of affirmative action programs as discriminatory towards white and Asian applicants. Yet research confirms that GPAs are a better predictor of college performance than SAT scores; and many test scores have been found to rest on racially biased assumptions. Apart from assumptions spread by admissions rules, recent scholarship also suggests that some admissions officers discriminate against prospective Black students who are oriented towards social justice.

    How to Fight Black Exclusion on College Campuses

    Providing supportive and inclusive spaces for Black students is particularly important in the current social context. The following are suggestions that can be used by predominantly white institutions.

    • Develop new metrics for success. Stop using only numeral diversity in admissions or graduation rates as the primary metrics for progress. Instead, focus as well on measuring the racial climate on campus and student feelings of belonging and attachment to the institution.

    • Train people in how to discuss racial issues. Provide professional training for faculty on how to lead effective conversations about racism in their classrooms and as advisors. Provide similar training to administrators, staff, and student leaders.

    • Establish both safe spaces and brave spaces: Recognize that Black students need safe spaces on predominantly white campuses where they can have a reprieve from anti-Black racism. Simultaneously, create cross-racial “brave spaces” for all students to develop authentic and sustained interracial interactions, while providing them with tools and support to do so effectively.

    • Spread anti-racist narratives: Find multiple ways to counter harmful anti-Black stereotypes. For example, Test Optional College Admissions policies are already being used at many of the most competitive schools in the United States. And classroom curricula can also be used to further deepen students’ racial literacy. Additionally, universities should forcefully identify antiracist values as a core feature of their institution’s identity.
    • Anti-discrimination and harassment policies: Develop clear policies and procedures that outline consequences for discriminatory treatment on the basis of race, ethnicity, and other social identities. These policies provide accountability that is critical for combating hostile racial climates.

    Read more in Bedelia Nicola Richards, “Faculty Assessments as Tools of Oppression: A Black Woman’s Reflections on (Colorblind) Racism in the Academy” in Intersectionality and Higher Education: Identity and Inequality on College Campuses, edited by W. Carson Byrd, Sarah Ovink, and Rachelle J. Brunn-Bevel (Rutgers University Press, 2019).

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