Published: 05.11.2019
A radical change in the interpretation of gender may take place during the UN General Assembly. The International Law Commission preparing the text of the new legally binding treaty has suggested to change the existing definition of gender. Such interpretation may lead to the legal recognition of unnatural concepts.
The concept of gender introduced in 1995 into the official international discourse has been controversial from the very beginning and has been established with a view to undermine traditional standards and values. As early as during the Conference on Rights for Women in Beijing (1995) there was an attempt to make it a tool of social change. Nevertheless, it was frustrated by the unequivocal and definite objection of the states taking part in the sessions. Thanks to it, three years later, in the legally binding Rome Statutes constituting the basis of functioning of the International Criminal Tribunal in Hague, the concept of gender has been defined in a clear way, indicating that it refers to male and female in the context of society. However, it has not stopped the UN agendas and Committees to use controversial and ideological language, based on a belief of the existence of different gender identities, in their recommendations.
At present, there are attempts to change the official treaty-based language of the UN. The International Law Commission working on the text of the treaty related to the prevention of crimes against humanity has suggested that – taking into account “developments in the area of human rights” – the definition of gender be changed. The Committee recommends to consider the opinion of the UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity. In the opinion of the Expert, gender means “each person’s deeply felt internal and individual experience of gender, which may or may not correspond with the sex assigned at birth”. The treaty will be discussed during the 6th Committee of the UN General Assembly (28 October-6 November).
“It is to be hoped that the representatives of Poland and other states will clearly object to making the gender newspeak legally protected categories. The recognition of gender as a variable category and the denial of the significance of biological differences between women and men in the legally binding international treaty would be significant victory of environments supporting the LGBT ideology. The necessity to adapt domestic law to the mentioned postulates would be a setback in the natural social structures based on family and traditional marriage. The change in the definition will not change the laws of biology” – commented Karolina Pawłowska from the Ordo Iuris International Law Centre.
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