A child's expertise: Establishing statutory protection for intersexed children who reject their gender of assignment
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Intersexed children are born with genitalia and/or reproductive organs that do not look like those of most biological males or females. Doctors and parents usually assign an intersexed child a gender at birth or during early childhood. Occasionally, an individual will reject his or her gender of assignment and will want to take on a different gender role. Some clinicians and intersex advocates instruct parents to accept an intersexed child's expressions of gender identity and to support the child's gender role change. There is a risk, however, that parents may resist or prevent a child's gender transition due to their own discomfort with the idea or based on a physician's recommendation. A statutory framework that allowed intersexed minors to complete a social gender transition, coupled with a provision equating parental interference with this transition with actionable neglect, would protect intersexed children's autonomy and prevent the trauma that can result from a forced existence in a gender role with which a child does not identify. The proposed framework would likely survive a constitutional challenge by the parents of an intersexed child because the harm caused by the parental decision to interfere with a child's gender expression removes such interference from the realm of constitutionally protected parental decisionmaking.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Doret Ruyter Leonie le Sagdee (2008). Criminal Parental Responsibility: Blaming Parents on the Basis of Their Duty to Control Versus Their Duty to Morally Educate Their Children. Educational Philosophy and Theory 40 (6):789-802.
Roger Adkins (1999). Where “Sex” Is Born(E): Intersexed Births and the Social Urgency of Heterosexuality. [REVIEW] Journal of Medical Humanities 20 (2):117-133.
Michael McFall (2009). Licensing Parents: Family, State, and Child Maltreatment. Rowman and Littlefield.
Victoria A. Miller, William W. Reynolds & Robert M. Nelson (2008). Parent-Child Roles in Decision Making About Medical Research. Ethics and Behavior 18 (2 & 3):161 – 181.
Carol van Nijnatten (2010). Children's Agency, Children's Welfare: A Dialogical Approach to Child Development, Policy and Practice. Policy Press.
M. Morgan Holmes (2008). Mind the Gaps: Intersex and (Re-Productive) Spaces in Disability Studies and Bioethics. [REVIEW] Journal of Bioethical Inquiry 5 (2/3):169-181.
David Archard (1990). Child Abuse: Parental Rights and the Interests of the Child. Journal of Applied Philosophy 7 (2):183-194.
Ferdinand Schoeman (1985). Parental Discretion and Children's Rights: Background and Implications for Medical Decision-Making. Journal of Medicine and Philosophy 10 (1):45-62.
Added to index2009-01-28
Total downloads25 ( #108,415 of 1,699,639 )
Recent downloads (6 months)1 ( #362,609 of 1,699,639 )
How can I increase my downloads?