Fae Garland and Mitchell Travis, "Intersex Embodiment: Legal Frameworks Beyond Identity and Patienthood" (Bristol UP, 2022)
Nov 26, 2023
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Dr Fae Garland and Dr Mitchell Travis discuss their book 'Intersex Embodiment: Legal Frameworks Beyond Identity and Disorder.' They delve into the challenges of conducting research and disrupting medical narratives around intersex. The importance of language, terminology, and public discourse on intersex embodiment and legal systems is explored. They also touch on the intersection of disability, embodiment, and legal frameworks in research. This podcast questions gender binaries and highlights the role of researchers and lawyers in promoting acceptance and human rights.
Medical buy-in is crucial for challenging prevailing medical narratives and gaining acceptance for alternative approaches to intersex embodiment.
Recognizing the intersectionality of different identities and experiences is crucial when understanding and navigating intersex embodiment in various institutional contexts.
Legislative reform alone is insufficient to bring about comprehensive social transformation for intersex individuals; ongoing activism, educational campaigns, and medical buy-in are also necessary for lasting change.
Deep dives
The Power of Medical Buy-in in Intersex Advocacy
One key takeaway from the book is the importance of gaining medical professionals' support and understanding when advocating for intersex rights. Medical buy-in is crucial to challenging prevailing medical narratives and gaining acceptance for alternative approaches to intersex embodiment. By engaging doctors and healthcare practitioners in dialogue, the path to change becomes smoother and medical practices can evolve to better support intersex individuals.
Contingency and Intersectionality in Intersex Research
The book explores the concept of contingency in relation to intersect embodiment and legal frameworks. The authors highlight how intersects is understood and navigated differently depending on the institutional context, such as medical, legal, or LGBTQ+ spaces. This idea of contingency is applicable to other areas of research, emphasizing the importance of recognizing the intersectionality of different identities and experiences.
Limitations of Legislative Reform
The book also highlights the limitations of legislative reform alone in creating meaningful change for intersex individuals. While legal advancements, such as those in Malta, have been celebrated, the authors caution that legislation alone may not be sufficient to challenge entrenched medical narratives and bring about comprehensive social transformation. They emphasize the need for ongoing activism, educational campaigns, and medical buy-in to achieve lasting change.
The Complexity of Gender Markers and Intersex Identity
The book delves into the complexities surrounding gender markers and intersex identity. While some individuals within the intersex community may embrace non-binary or third gender categories, it is important to recognize that not all intersex individuals identify as such. The authors advocate for flexibility in gender markers and emphasize the need to empower intersex individuals to have agency over their own gender identities.
The Afterlife of Law and the Importance of Accountability
The authors emphasize the importance of considering the post-legislation effects and the need for ongoing accountability. Merely passing legislation is not enough. The book suggests that post-legislation mechanisms, including ongoing monitoring, community engagement, and cultural visibility, are necessary to ensure the effective implementation and lasting impact of legal reform.
What is intersex and why does it matter? What is the power of law to disrupt dominant narratives? I had a fascinating conversation with authors Dr Fae Garland and Dr Mitchell Travis about their book, Intersex Embodiment: Legal Frameworks Beyond Identity and Disorder(Bristol UP, 2023). We got into detail about these groundbreaking human rights issues. We spoke about the very real challenges faced in conducting legal research that has meaningful impact for social change. In research spanning many years, Garland and Travis worked directly with intersex people and their parents to produce this nuanced, sensitive and extensively researched book. Their's is a monograph that challenges dominant medical narratives, particularly with regard to the way that gender binaries are demarcated and identities are constructed. The book has power both beyond its subject matter and beyond the academy: it will bring pause for reflection as to the role of researchers and the work that lawyers can do in the pursuit of the acceptance and emergence of difference, and especially with regard to the enforcement of human rights.
Dr Fae Garland is a Senior Lecturer in Law at The University of Manchester
Dr Mitchell Travis is a Senior Lecturer in Law and Social Justice at The University of Leeds.