Gender, sex and politics

Gender, sex and politics

A recent draft of the new Thai Constitution is the source of continued debate on biology versus identity

SOCIAL & LIFESTYLE
Gender, sex and politics

Along with nationality, age and religion, the Thai Constitution has recognised the term "sex" as one factor that should not be subject to discrimination.

Photo: AFP

But the recent appearance of the term "gender" in a draft of the new Constitution has sparked debate among LGBT groups, activists, academics and the public.

While activists and the Office of the National Human Rights Commission of Thailand congratulated the Constitution Drafting Committee for the gesture, many question the true meaning of the term, and what it would actually mean for the Thai LGBT community.

Sex, according to the World Health Organization (WHO), "refers to the biological and physiological characteristics that define men and women". The term "gender", however, is more open to interpretation. It is defined as "the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for men and women".

This is where the confusion begins. Academics and activists are still discussing the significance of this term, and whether it covers a person's sexual orientation, gender identity and expression.

"Gender could mean expressions, behaviours or characteristics associated with a person's birth gender — which may or may not be their true gender identity. The definition of masculinity, femininity and others are diversified in meaning and could be different depending on particular societies and cultures," said Asst Prof Jaray Singakowinta, a lecturer at the National Institute of Development Administration's Graduate School of Language and Communication.

"You have to see the Constitution's intention, as well as how much value they're willing to put into the term. However, in my opinion, this term 'gender' doesn't cover sexual orientation," Jaray said.

However, Kamnoon Sittisamarn, spokesperson for the Constitution Drafting Committee, has announced that the term encompasses "sexuality", which, according to activists, is more comprehensive than "gender".

The fact that this is not explicitly stated in the draft — and that people interpret the term differently — could pose future problems for drafts of the Constitution. Many are also questioning how true equality can be achieved while the junta is still in power, as well as its true agenda. Madhu Kinnar, a transgender woman, was elected mayor of Raigarh, in the central Indian state of Chhattisgarh, earlier this month. Kinnar, who is also from the Dalits — the untouchables of the Indian caste system — defeating the Bharatiya Janata Party's Mahaveer Guruji by more than 4,000 votes.

Last year, Indian's supreme court ruled that transgender could be legally recognised as a "third gender".

"People have shown faith in me," Kinnar said post-election. "I consider this win as love and blessings of people for me. I'll put in my best efforts to accomplish their dreams."

This victory has made a mark among the LGBT community in India, and also served as a ray of hope on the caste system. Gay sex, however, is still illegal in the country.

Kinnar is not the only member of the LGBT community to find her place within the political realm. Leo Varadkar, Ireland's health minister, recently became the first member of Irish government to declare himself gay. His announcement on Ireland's RTE Radio 1 was propelled by the country's approaching referendum on same-sex marriage.

"I am a gay man. It's not a secret," Varadkar said on the show.

"I'd like the referendum to pass because I'd like to be an equal citizen in my own country — the country in which I happen to be a member of the government — and, at the moment, I'm not."

The referendum on marriage equality in Ireland will be held in May.

Kinnar's and Varadkar's achievements provide strong encouragement to others around the world, sending out a message that there is place for LGBT people in government.

The significance — a political stepping stone — might seem small, but it is nonetheless promising and may eventually help usher in an era of complete equality for the LGBT community.

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