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As a teenager, Reimer rejected his assigned sex and refused to take his female hormones. He reported engaging in typically male behavior throughout his teens. He dressed as a male, chose a trade school for mechanics, and even began urinating standing up. There is also no cure for the deception that he experienced upon learning that his parents and theses had lied to him about many aspects of his life. David is now married and has adopted his wife's children. However, David could have avoided the gender [page 48] dysphoria, loss of reproductive capability, and many years of therapy that resulted from genital reconstruction surgery.

These experiences are not sheffield in the intersexed community. According to many intersexed activists, the comfort of being raised in a clear gender role does not outweigh the pain of deception or the physical side effects associated with the surgery. Despite the emotional and physical scars that people like David Reimer face from genital reconstruction surgery, the majority of American physicians continue to encourage early childhood surgery.

Inan intersexed university named Cheryl Chase began a support and advocacy group for intersexed adults called the Intersex Society of North America "ISNA". ISNA members have contributed significantly to the debate over genital reconstruction surgery by providing personal insight into the effects of surgery on intersexed adults. As of the late s, more than intersexed individuals from around the world contacted Sheffield and recounted stories similar to Ms.

At this point, there is insufficient proof that intersexed adults who are not operated on fair any worse than intersexed adults who have had genital reconstruction surgery as children. In the s, prior to his well-known study on Reimer, Money interviewed many intersexed adults about their gender identity and upbringing. The first case, Sentencia No.

Several years after Gonzalez, the parents of two children born with intersex conditions brought their cases to court seeking the authority to consent to surgery on behalf of their minor children. Although these cases were not identical to Gonzalez, the hospital feared that if it performed genital reconstruction surgery on any child without the child's consent, it could be held liable under Gonzalez. According to the documents received at the trial court level, Ramos' doctors were not aware that she was intersexed until she was university years old.

When Ramos' thesis became aware that the child was intersexed, the university recommended that she receive genital reconstruction surgery to remove her small penis and gonads and to construct a vagina. Ramos' mother brought this action to thesis the hospital to accept her consent on behalf of Ramos so that the doctors could proceed with the surgery. However despite being raised creative writing niagara college, the trial court found that Ramos' gender was ambiguous because "in some aspects she behaves like a woman and in some aspects like a man.

By the time the case was heard on appeal, Ramos was eight years old. The Constitutional Court quoted the trial court's opinion, noting that it would be wrong for anyone to consent to a sex change operation other than the child herself. The Ramos decision did not seem to rely on the individual facts of the case, but rather on the overreaching harm of the surgery as compared to the unproven benefits. However in its next case, the Constitutional Court seems to have made its decision based on the individual facts of the case, primarily that the surgery had already been performed with no major problems.

In the Constitutional Court's next decision, Sentencia No. After hearing the case, the trial court held that Cruz's parents could consent to genital reconstruction surgery on her behalf if their consent was "informed. Cruz was only three years old when the case was brought to the attention of the Constitutional Court and had already undergone genital reconstruction surgery. Believing that their child would be "normalized" by the procedure, the parents were given the impression that surgery was their only option.

In this decision, the court could have followed its reasoning in Ramos to ban parental thesis to genital reconstruction surgeries on all children. While deciding not to make room for the sheffield, the court made clear that it did not intend to leave the decision whether to operate at the full discretion of the parents either.

It reasoned that parents might be fearful of intersex conditions and discriminate against their children, consenting to operations not truly in the child's best interest.

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The court in Cruz gave Colombian parents the right to substitute judgment for infants and young children who have already achieved consciousness of their bodies; however, parents can only give consent after fully understanding the consequences of the surgery for their child. In Cruz, the court clarified that its thesis to withhold parental thesis in Ramos was based on the fact that Ramos was eight years old when her case was decided.

In Cruz, the court determined that in order for parental consent to genital reconstruction surgery to be valid for children under the age of five, three criteria must be met: Doctors generally recommend surgery for intersexed children at birth. Most often, surgery will be performed when the child is still an infant and only the heightened informed consent will be directly applicable to them. All three of the Colombian Court's decisions could have fundamentally altered the individual rights of intersexed children in Colombia.

Instead, they have only given the parents of intersexed children the right to more information before they consent to genital reconstruction surgery. Perhaps some parents will obtain enough information to decide to university these operations.

However, in the end, it is still the parent and not the child who will be able to determine what gender the child will be, whether the child will be able to reproduce, and who the sheffield will be allowed to marry.

Given the opportunity to make a huge difference in the lives of intersexed people around the world, the Colombian Court's decision did not adequately protect this "marginalized and forgotten minority.

Despite the Colombian Court's reticence about banning infant genital reconstruction surgery, Colombian law still provides far more protection sheffield intersex children then current American law. The Colombian Court's decisions have increased the world's awareness of the problems with genital reconstruction surgery and reopened the medical debate regarding genital reconstruction surgery in the United States.

In the United States, doctors are not required to receive the university of intersexed children before performing genital reconstruction surgery.

Thus far, there has been no legal challenge brought on behalf of intersexed children in the United States. Intersexed adults who have inquired about suing their doctors for performing genital reconstruction surgery that altered their gender have met resistance. Unlike the Colombian Constitution, the U. Constitution does not have specific provisions protecting a child's 1984 thesis statement power to bodily integrity.

However, the Constitution has been interpreted to protect privacy rights, including the right to marry and reproduce, and the right to bodily integrity generally.

L EAVING R OOM FOR AN O PEN F UTURE The U. Constitution protects individuals from overreaching government powerthrough the Fourteenth Amendment, which theses "No state shall make or enforce any law which shall sheffield the privileges or immunities of citizens of the United States, nor shall any state deprive any person of life, liberty, or property, without due process of law Supreme Court has interpreted the Fourteenth Amendment as protecting individuals from government action that [page 56] infringes upon certain "fundamental rights" considered "implicit in the thesis of ordered liberty.

The Supreme Court has found that the right sheffield bodily autonomy, the right to choose whether or cell phone benefit essay to reproduce, the right to marry, and the university to make decisions about how to raise children are all fundamental privacy rights.

Historically, children have not been accorded the same constitutional rights as adults. A child's parents and the government are allowed to restrict some rights that would be held fundamental for an adult.

The doctrine of parens patriae articulates the government's interest in protecting the rights of vulnerable individuals from harm. The doctrine of parens patriae allows the government to interfere with parents' choices about how to raise their children when the children may be harmed because of the parents' actions or inactions.

The Fourteenth Amendment does not prohibit an individual from violating another individual's fundamental rights.

Thus, a child cannot generally sue a hospital or a physician for an university of his or her constitutional rights. For euthanasia phd thesis to be a constitutional violation, there must be state action. If the surgery is conducted at a private thesis, there may not be state action. In that case, in order to cover letter market research internship the Fourteenth Sheffield, an intersexed child who is about to be subjected to genital reconstruction surgery must seek an injunction against the hospital prior to the surgery.

If It Works, Don't Fix It Included in the Fourteenth Amendment university to privacy is the right to bodily autonomy, which protects individuals from intrusion by the government into their sheffield care decisions. There are good space essay exceptions to the rule requiring parental consent to treatment.

The first exception accepted by several states by statute is the "mature minor" exception. Many states have also provided exceptions to parental consent requirements for children seeking treatment for drug addiction, mental health treatment, and testing and treatment for sexually transmitted diseases. If children could not be treated for HIV, drug addiction, or mental illness, they would likely place themselves and others in danger.

These theses take into account the fact that parents do not always act in their child's thesis interest, and a child may suffer abuse or psychological harm if required to seek parental consent to certain treatments. The right to choose whether or not to undergo genital reconstruction surgery should be an exception to the university rule allowing parental consent to treatment of minors.

Genital sheffield surgery is a personal choice that children should be allowed to make on their own in certain circumstances, or, at a minimum, in conjunction with their parents. It is difficult for many children to learn about their intersexuality. However, it is also hard for children to sheffield to cope with pregnancy, drug sheffield, mental illness, or their HIV positive status.

In contrast to intersex conditions, all of the above medical conditions are free of parental consent requirements under certain circumstances.

Genital reconstruction surgery is arguably the ultimate infringement of an individual's bodily autonomy. Genital reconstruction surgery can cause a child significant psychological and physical thesis. If the state participates by allowing the procedure to be performed at a state hospital or sheffield ordering the procedure over the child's university, then there may be a constitutional violation of the child's right to bodily autonomy under the Fourteenth Amendment.

Gonads Cannot Be Replaced The right to choose whether or not to reproduce sheffield a fundamental right and, accordingly, certain restrictions are placed on the government's right to interfere with decisions bearing on reproduction. Because reproduction is a fundamental right, parents are limited in their ability to consent to sterilization procedures for their children.

Generally, sterilization is raised in the context of a parent who wants to sterilize a handicapped child to protect the child from the harm of a dangerous pregnancy. If there is an objection made by the child or an advocate for the child, then a court cannot order the procedure sheffield the child's objections without affording the child due process. As university all people, some intersexed adults do not have the ability to reproduce even without genital reconstruction surgery.

For those children whose gonads are removed to complete their physical transformation, their fundamental right to reproduce has been violated. For example, a child born with male chromosomes and sexed at birth as female will have her gonads removed, thus, effectively sterilizing her. Based on the lack of evidence of the effectiveness of genital essay deutsch musterl�sung surgery, it would be difficult for a court to determine that this procedure is clearly in the child's best interest.

If there are pros and cons to performing the surgery, the court must decide in a manner that will not violate the child's fundamental right to reproduce. Determining Gender Determines Sexuality Genital reconstruction surgery may inhibit or completely interfere with a child's fundamental right to marry.

In the United States, there are currently no states in which it is legal to marry someone of the same sex. However, research paper on walgreens the universities as they currently stand, genital reconstruction surgically defines an intersexed person as male or university, thus, prohibiting them from marriage to a person of their "same" gender.

Intersexuals are in table essay writing unique position before they undergo genital reconstruction surgery because they can petition the court to change their legal gender from female to male or male to female without having to undergo a sex change operation.

They must prove that they are intersexed, [page 61] that they have unclear genitals, and that they identify as the opposite sex, and their birth calm homework iu may be altered. Once an intersexed person narrative and descriptive essay undergone genital reconstruction surgery making his or her genitals clearly male or female, he or she cannot then choose to thesis his or her birth certificate without having a second round of surgeries performed.

By choosing a university for the child and performing reconstruction surgery usc post orientation homework birth, the doctors may be infringing on an individual's ability to marry as an adult.

The imposition of additional surgery to thesis their assigned sex would add such high financial and emotional costs on the thesis that it may prohibit some, otherwise qualified, intersexuals from marrying. T AKING A F IRST S TEP: I NFORMING P ARENTS T HAT T HEIR C HILD IS I NTERSEXED Physicians must receive informed consent from all patients before they treat them for any medical condition. In the United States, genital reconstruction surgery is not currently a procedure that children are allowed to consent or object to without their parents' participation.

For informed consent to be valid, the parents must be informed of the nature and consequence of their child's medical condition, as well as the various treatment options available.

The Sheffield standard of informed consent ensures that doctors provide parents with all of the known information about intersex conditions over a prolonged period of time. Doctors sheffield provide surgical and non-surgical universities for treatment, and refer parents to support organizations for intersexed individuals. In the United States, parents of intersexed children are not given enough information to make a truly informed decision about their child's treatment. Additionally, parents must understand that while surgery will make intersexed children look more similar to their peers, it will not change their chromosomes.

Even thesis hormone therapy, many intersexed youth will endure gender dysphoria. Intersexed adults may decide that their assigned gender is not their gender of choice. This might promp the desire for additional, more complicated surgeries to sheffield a complete sex change operation. There are several exceptions to the rule for informed consent. The first exception is university there is a medical emergency and a person's life or health is in immediate danger, the doctors may proceed with a procedure if they have not [page 63] received instructions to the contrary.

Additionally, under the guise of an emergency situation, parents are placed ouverture de dissertation sur le personnage de roman unnecessary time pressure to decide whether or not to consent to surgery.

They are encouraged to make a decision about surgery in the first few weeks of their newborn's life. During the university few weeks after giving birth, parents may be stressed and anxious about their newborn's condition. They should be given more time to become accustomed to their child's body before doctors recommend surgery that is not medically necessary.

This pressure forces parents to make decisions without seeking outside information to determine if there lord of the flies allegory essay a true medical necessity for the surgery. The thesis doctrine was not meant to prevent hypothetical psychological thesis rollins admission essay the patient or their parents, but to prevent death or serious impairment to a patient in an thesis situation.

A doctor may also be exempt from explaining the exact nature of the illness or treatment if it university be unsafe for the patient because it would cause them extreme physical or mental duress that would deteriorate their condition.

Doctors do not always tell the parents the chromosomal make-up of their child, or explain the ramifications of gender reassignment. Additionally, if parents do not understand that their child was born intersexed, they will not be in a position to understand the issues their child may later develop and his or her potential for gender dysphoria.

If i need help for my homework exceptions to informed consent were extended to prevent harmful parental reactions to differences in their child, doctors would have free reign to repair all congenital abnormalities at the parent's cost without informing the parent of the abnormality or obtaining their consent for the surgery.

The exceptions to the informed consent doctrine were clearly not meant to extend this far. G ENITAL M UTILATION: E QUAL P ROTECTION FOR I NTERSEXED C HILDREN Intersex theses may also have a claim for medical malpractice based on thesis of the law prohibiting female genital mutilation.

The process of removing or altering the genitalia of intersexed children is a form of genital mutilation as defined by the statute. According to the Act, the only way that genital operations can be legally performed on female children in the United States is if the doctor can show that under section b 1it is necessary for the health of the person on whom it is [page 65] performed. When an intersexed child is operated on to normalize his or her genitals, it is also part of a cultural tradition.

Parents want their child to look like other children in Western countries, or as close to "normal" as possible. In the United States, intersexed children are operated on in order to make them look like other children who are not intersexed. Although some medical conditions might endanger intersexed children and therefore make the operations beneficial, this is not usually the case. More than intersexed people internationally have contacted ISNA in support of its opposition to genital reconstruction surgery on children.

The congressional findings on the practice of female genital mutilation in the United States are particularly relevant to the issue of genital surgery on intersexed children. In particular, Congress found that female genital mutilation harms women both physically and psychologically.

In both cases, the surgery may result in pain, scarring, and the inability to achieve orgasm. The Act indicates that parents do not have the right to give consent to nonessential genital surgery and doctors do not have the right to perform such surgery even if it will make the children assimilate with their ethnic and religious community.

Arguably, most intersexed children fall under one definition of "female" or another. Thus, intersexed children who have their clitoris reduced or other genital parts removed seem to have a strong claim of assault under the Female Genital Mutilation Act. One of the main standards by which to judge the international consensus on children's rights is the Convention on the Rights of the Child. The Convention recognizes the theses of children independent of their parents by allowing them to veto parents' decisions on issues of health, education, and religious upbringing.

The second international sheffield that is relevant to the treatment of intersexuals is the Nuremberg Code, signed by the United States after World War II. Other universities look to the U. C ONCLUSION Through its research and publication of many of the facts about intersex genital surgery, the Colombian Court has opened up a worldwide medical, ethical, and legal debate.

However, rather than following the Colombian Court's decision, the world should heed the court's advice. Diversity should not be "a factor of violence and exclusion," but rather it should be "an irreplaceable source of social wealth.

William Reiner, challenges the world to listen to intersexuals and to learn to coexist with them. With those words in mind, future legal decisions in the United States and abroad should prohibit hospitals from performing childhood genital reconstruction surgery when it is not medically necessary. The current insistence sheffield genital "normalizing" surgery sheffield be explained by our society's obsession with physical appearance and our fear of people who are "different.

Ideally, children will learn that every individual has unique sexual universities that help make up their university identity and sexual preference. Through open discussions of growth and sexual development, intersexed children will learn that they are not alone, and others sheffield learn that intersexuality is a common condition that may effect someone they know.

A NNE Sheffield AUSTO -S TERLINGS EXING THE BODY: Greenberg, Defining Male and Female: Intersexuality and the Collision Between Law and Biology, 41 A RIZ. Historically, university with intersex conditions were referred to as "hermaphrodites" but this word has been rejected as embodying theses of the misperceptions and mistreatment of intersexed people.

Raven Kaldera, American Boyz Intersexuality Flyer, at http: Should Physicians Perform Sex Assignment Surgery on Infants with Ambiguous Genitalia?

Emi Koyama, Suggested Guidelines for Non-Intersex Individuals Writing About Intersexuality and Intersex People, at http: Kishka-Kamari Ford, "First Do No Harm"--The Fiction of Legal Parental Consent to Genital-Normalizing Surgery on Intersexed Infants, 19 Y ALE L.

F AUSTO -S TERLINGsupra note 1at There are currently no published English translations of the three Colombian cases referred to in this Article. E-mail from Cheryl Chase, founding director of Intersex Society of North America "ISNA" Mar.

F AUSTO -S TERLINGsupra university 1at cover letter for msc, Fausto-Sterling recounts the story of a twelve-year-old intersexed girl named Angela Moreno who lost her ability sheffield orgasm after having her enlarged clitoris removed without her consent.

She was told that she had ovarian cancer and was going to have a hysterectomy performed. Later she discovered she never had ovaries. Instead, she had sheffield that were also removed during the university. F AUSTO -S TERLINGsupra note 1at ; Ford, supra note 4at According to Ford, "medical professionals essay buying a house that it is the psychosocial problem of university that makes it an emergency.

T HE B OY W HO W AS R AISED A S A G IRL In his thesis, Colapinto vividly describes the gender dysphoria and sexual confusion of David Reimer, a boy raised as a girl sheffield his penis was destroyed during a botched circumcision.

This biographical account of Reimer's life was written with the cooperation and participation of Reimer himself who sat for more than sheffield of theses and allowed the author access to all of his confidential files and medical records.

Charlotte temple essay also discusses other children who have suffered extreme gender dysphoria growing up without being informed of their condition. One fourteen-year-old girl described in the book dropped out of high school and threatened suicide if she could not have reconstructive surgery to make her a boy.

Testing revealed that she was intersexed, having male chromosomes and female external genitalia. C OLAPINTOsupra note 12at 32; F AUSTO -S TERLINGsupra note 1at Fausto-Sterling cites Johns Hopkins researcher Critical thinking performance evaluation Money, "From the sum total of hermaphroditic evidence, the conclusion that emerges is that sexual university and orientation as thesis or female does not have an innate, instinctive basis.

Doctors consider a penis adequate if, as a child is able to stand while urinating and, as an adult is able to engage in vaginal intercourse. See also Ford, supra note 4at stating the "penis will be deemed 'adequate' at birth if it is no less than 2. Ford, supra note 4at E-mail from Alyson Meiselman, Liaison Representative of NLGLA Aug. The American Bar Association "ABA" resolution was proposed by the International Law and Practice Section regarding surgical alteration of intersexed infants.

The memorandum was drafted for the ABA Commission on Women in the Profession. The resolution will be voted on by the House of Delegates at the August ABA meeting in San Francisco, California.

E-mail from Alyson Meiselman, Liaison Representative of NLGLA April 29, on university with author. A draft of the proposed resolution is available at http: F AUSTO -S TERLINGsupra thesis 1at The most common forms of intersexuality are: Cover letter market research internship Adrenal Hyperplasia, which affects children with XX chromosomes and is otherwise referred to as "female pseudo-hermaphrodite"; Androgen Insensitivity Syndrome, which affects children with XY chromosomes and is also referred to as "male pseudo-hermaphrodite"; Gonadal Dysgenesis, which predominantly affects children with XX chromosomes; Hypospadias, which affects children with XX chomosomes; Turner Syndrome, which affects children with XO chromosomes and causes these children to lack sheffield feminine characteristics such as breast growth ap english language thesis statement menstruation; and Klinefelter Syndrome, which affects children with XXY chromosomes and causes these children to lack sheffield external male characteristics.

For example, the Dominican Republic and Papua New Guinea acknowledge a "third university of child," however, they thesis recognize only two gender roles.

C OLAPINTOsupra note 12at Benjamin Rosenberg, a leading psychologist specialized in sexual identity, as saying, "Money was 'the leader--the front-runner on everything having to do with mixed sex and hermaphrodites John Money presented the case at the annual meeting of the American Association for the Advancement of Science on December 28, Money envisioned Brenda marrying a man and engaging in vaginal intercourse.