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The unlimited number of “genders” smuggled in the draft treaty on the prosecution of crimes against humanity

Published: 14.10.2020

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The 75th United Nations General Assembly once again provides an opportunity to force radical proposals directed against the current order of international law. The International Committee on Legal Affairs has produced a report proposing a new Treaty on the prosecution of crimes against humanity. Apart from the unquestionable demands, the proposal rejects the UN-established neutral definition of gender as male and female gender in the social context. Consequently, this opens the way to defining femininity and masculinity as social constructs determined by particular feelings of an individual. It is a simple way to force countries to recognise more than 100 “genders” and to introduce de facto so-called single-sex marriages.

The current definition of gender in international law was adopted in the Rome Statute of 1998. In accordance with Article 7(3) of the Statute, the concept of gender is defined as two genders – male and female – in a social context. The Treaty proposed by the International Legal Commission (ILC) rejects this definition. The new document is intended to exclude a specific explanation of this term, and in its report, the ILC presents the documents that are intended to interpret gender as being individually felt by an individual of a social construct [point 41-42 of the comment to article 2].

The ILC bases its proposal on non-binding recommendations of the UN Committees and UN experts which have used the definition of gender in an unauthorised manner and which should not be the basis for the newly-existing law. The ILC report also refers to the Istanbul Convention being supersaturated with the ideology of gender.

The implementation of this proposal will consequently lead to the UN's legal recognition of constructs such as 100 types of human gender. The same will then be required from the Member States, under the pretext of “the exercise of human rights”. The new Treaty will lead to the introduction of the concept of gender as a social construct into the UN legal system, which is incompatible with most national legal systems defining gender as a biological category.

“Breaking with the current neutral definition of ’gender’ in the UN system will also be another element of ideological pressure on countries such as Poland, which protect families and identify marriage as a union of a man and a woman. The recognition of gender as a social construct, defined by individual feelings, will lead to a situation where the authorisation of ‘marriages’ of persons of the same sex will be necessary,” explains Karolina Pawłowska, Director of the Centre for International Law of Ordo Iuris.

Efforts to introduce an ideological definition of gender have been made since the Conference on Women in Beijing in 1995. Although the extremely liberal demands proposed at the Conference were strongly rejected by the international community, the UN authorities are still trying to push this controversial agenda. During the ongoing General Assembly, the UN wishes to highlight its efforts to achieve the so-called gender equality on the occasion of the 25th anniversary of the Beijing conference.

Next week, at the session of the 6th Committee of the General Assembly of the United Nations, a decision will be taken to submit a draft to the vote by the General Assembly. The Institute of Ordo Iuris has called for an objection to the ideological project to the Minister of Foreign Affairs, PhD Zbigniew Rau.

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