Family Law Reform | Voices we don’t want to hear


Detailed study of Law 2 (PL2) on family law reform has just begun, and Minister Simon Jolin-Barrette has already stated that the concepts of gender and species identity will be grouped “under the same hat.”one in the Civil Code.

Released at 12:00.

Marie Claude Girard

Marie Claude Girard
Retired from the Canadian Human Rights Commission and over 50 signatories*

However, they are not included in the Canadian and Quebec Declaration of Human Rights, which rightly recognizes gender identity or expression as a prohibited basis of discrimination as distinct from sex. “Sex” (social structure) and “gender” (related to biology) are indeed two different concepts recognized by our Terms. Why would it be otherwise in the Civil Code?

Despite many fears raised in the summaries submitted to the parliamentary committee for PL2, the Quebec government has chosen to combine the two concepts.

In doing so, it reduces an immutable biological feature to a sociological and behavioral concept that evolves over time. This renunciation of the scientific meaning of “gender” has tangible consequences for the entire population, especially for women who find themselves disembodied in a vocabulary that empties the meaning of the word “woman.” Thus, it will be possible to talk about “people who are pregnant, breastfeeding or menstruating”. In addition to the deep humiliation this dictionary expresses, refusing to recognize the unique circumstances of women is tantamount to jeopardizing the measures taken to secure their rights to gender equality and dignity.

In addition, by combining the concepts of gender and gender, the statistical data that enable the recognition of the reality of women disappear. However, the absence of reliable biological data on sex jeopardizes women’s sport and the advances needed for women’s health and safety.

women’s sports

Mixing sex and gender will have a huge impact on women’s sports teams built for greater equality, considering the physical differences that separate them from men. Therefore, the “gender” descriptor helps ensure the sustainability of women’s sports competitions, which were developed as it recognizes that there are significant genetic, anatomical and physiological differences between men and women, which are at a significant disadvantage in women’s sports competitions. The American experience shows that more and more young girls are losing competitions and associated college scholarships to trans people who are biologically male, faster and stronger than they are.

in health

Gender-specific data are necessary to ensure that each person’s biological reality is taken into account in clinical and biomedical research, as well as for the health system to provide quality care. For example, it is this type of data that saves lives by concluding that heart attack symptoms differ greatly between men and women.

Confusing gender and gender also jeopardizes the effective treatment of people who are hospitalized in an emergency who cannot speak. Emergency physicians must be able to act quickly in a crisis to find out whether they should investigate the side of the prostate or a possible ectopic pregnancy, without having to undress the patient.

public safety

It should be noted that first responders have particularly gender-specific data to identify traffic accident victims, victims of crime, to facilitate the search for criminals or to issue AMBER alerts.

Gender integrity is also necessary to meet international standards, such as the United Nations Minimum Rules for the Treatment of Prisoners, which states that “different categories of prisoners shall be placed in institutions or sections of separate institutions according to their sex”. […] »2nd.

Mixing “gender” and “gender” also poses significant security risks for women. For example, in Canada, Madilyn Harks, formerly Matthew Harks, a serial child molester suspected of more than 60 victims and nearly 200 crimes, sexually assaulted two female prison inmates who “looked like children”.3. At a shelter and resource center for women survivors of sexual and domestic violence in Toronto, women who hesitate to share a room with “trans women” with penises are sent back to the streets and find themselves homeless. . Security needs are not taken into account4.

The Government of Quebec’s promotion of the society we hope is certainly not by rejecting scientific concepts, creating new forms of discrimination against women, or proposing hastily assimilation without adequate discussion of gender and gender. It is truly inclusive.

I look forward to a real social discussion to find a respectful passageway for all!

1. Family law reform, Jolin-Barette steps back from the distinction between sex and gender; Task; oneprivate May 2022