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Proposed legislation in Idaho and Texas discriminates against Transgender Youth and removes protections for children at risk of undergoing FGC

By Hunter Kessous

Texas and Idaho are two states in which female genital cutting (FGC) is illegal under state law, for now. In both states, amendments have been proposed in the state legislature that would alter existing policy against FGC to ban gender-affirming care for minors. Gender-affirming care includes social, psychological, behavioral, and medical practices which affirm the gender identity for individuals whose gender does not match the one they were assigned at birth. These amendments are dangerous for transgender youth as well as children who are at risk for or have undergone FGC.

These legislative revisions attempt to conflate FGC and gender-affirming treatments, so it is critical to understand the difference between the two. Gender-affirming care, including social interventions, pubertal suppression, hormone therapy, and gender-affirming surgeries, has been shown to decrease rates of depression, improve psychosocial functioning, and have minimal long-term side effects for transgender individuals.

 

Gender-Affirming Care

Female Genital Cutting

Definition

Social interventions, pubertal suppression, hormone therapy, and gender-affirming surgeries which affirm the gender identity of individuals whose gender does not match the one they were assigned at birth.

The practice of partial or total removal of the external female genitalia, or other injury to the female genital organs for non-medical reasons.

Temporality

Health professionals consider pubertal suppression and hormone therapy to be reversible. Gender surgery is permanent, but research has shown that regrets about having this procedure are very rare. 

FGC causes irreversible, lifelong physical and psychological harms. 

Mental Health Outcomes

Gender-affirming care leads to decreased rates of depression, improvement in psychosocial functioning, and minimal long-term side effects.

FGC often leads to harmful psychological outcomes, including PTSD, anxiety, and depression.

Bodily Autonomy

Medical care for transgender people is their choice as part of their right to bodily autonomy.

Minors are often forced to undergo FGC. Consent to undergo FGC cannot be freely given due to societal pressure.

To learn more about the differences between gender-affirming treatments and FGC, read here.

According to Equality Texas, 76 anti-LGBTQ+ bills were filed in the last legislative session and special sessions in Texas, of which only 20 moved forward and one passed. These legislative failures have led Texas lawmakers to take up a more creative and dangerous approach to get what they want. Bill SB249 amends the state’s Health and Safety code, which has made FGC illegal in Texas since 2017. This legislation is concerning because “Female Genital Mutilation” would be entirely removed from the law, leaving only the term “Genital Mutilation.” Failing to specifically prohibit FGC weakens protections for children who are at risk of undergoing the practice.

The amendment adds a list of surgeries that would be prohibited, some of which fall under the WHO classification of FGC, while others are gender-affirming surgeries – thereby wrongfully conflating the two. In addition to removing access to life-saving care for transgender youth, this section is troubling because FGC is not always performed as a surgery. Rather, FGC is often done outside of a medical setting. Bill SB249 puts children  at risk of undergoing FGC into a more vulnerable position.

Unfortunately, Texas’s state legislature is not alone in pursuing this dangerous action. In Idaho, HB71 has already passed the house and will now be reviewed by state senators. Once again, the term “Female Genital Mutilation” is erased from the law. The language is amended to only refer to practices performed by medical practitioners. However, we know FGC often operates outside of the healthcare system entirely, so this amendment could limit avenues of prosecution against FGC practices. Furthermore, the maximum sentence for breaking the law against FGC is currently life, but this amendment would change the maximum sentence to 10 years, further removing protections for children at risk of undergoing FGC.

Where the Texas bill bans gender-affirming surgeries, the Idaho bill goes a step further. Even puberty-blocking medication and hormone therapy would be banned under Idaho’s amendment. Pubertal suppression is a method of delaying puberty, and hormonal therapy causes secondary sex characteristic development that aligns with one’s gender. Both are reversible and associated with better mental health outcomes for transgender youth. Banning these life-saving treatments has no basis in the movement to end FGC.

If you are an Idaho or Texas resident, please consider contacting your state legislators to let them know you do not support these bills.

Sahiyo’s International Women’s Day Celebration & Silent Auction Donor Spotlight: Zehra Patwa

Starting March 8th, International Women’s Day, Sahiyo U.S. will be hosting a virtual silent auction to raise funds and awareness for our programs and services to end female genital cutting (FGC). The auction will open on Wednesday, March 8th, 9am PST/ 12pm EST and close on Sunday, March 12th, 6pm PST/ 9pm EST. We have some amazing sponsors and auction items have been provided by our supporters., To uplift and thank them for their contribution, we’re highlighting who they are and why they support Sahiyo.

When and how did your involvement with Sahiyo first begin? 

Back in 2015, I was invited to join a WhatsApp group of women around the world who were starting to talk about khatna or female genital mutilation/cutting (FGM/C) in the Bohra community. This mighty group of women included the founders of Sahiyo. I had recently learned that khatna was taking place within my community and had also learned that I had been cut as a 7-year old girl.  I was still working on accepting that my community perpetrated this harmful traditional practice, but hearing what other women had experienced further reinforced the impact of this practice and spurred me to speak out publicly about khatna. Since then I have been connected to Sahiyo in various ways, as a partner with WeSpeakOut, a retreat organizer, a volunteer, and now, as Vice-Chair of the Advisory Board.

Why did you decide to become a donor for Sahiyo’s Inaugural Women’s Day Celebration and Silent Auction? What does giving to Sahiyo mean to you?  

When Sahiyo came up with the idea of a Silent Auction AND a Comedy Show, I was hooked! It's such a fun way to do good in the world and I know how hard the staff at Sahiyo has worked to make this event outstanding. This International Women's Day event is an indication that many people feel passionate about human rights and are willing to do what it takes to ensure girls are safe from harm. 

I want to see Sahiyo thrive and continue to do its important work to reach as many people as possible. Supporting Sahiyo is very personal to me.  Sahiyo's founders, staff, and volunteers have taught me so many skills to help process my experience of khatna and to help me find my voice so that I can spread awareness and educate others on the risks of the practice.  I love to support the amazing work Sahiyo does so that others can benefit from their programs as I have.

What did you donate?

Two of my friends, who are artists, commissioned pieces for the auction. I'm so excited to share their work with a larger audience! You can now preview Kiran Zaman’s Kiran Zaman’s We Don’t Bow Our Heads, an original mixed media artwork piece derived from the Urdu poem, "We Sinful Women," by Kishwar Naheed, online. 

How would you like to see your donation help Sahiyo grow? 

Sahiyo does so many important things but one thing that I find to be critical is empowering and amplifying the voices of those impacted by FGM/C. One of my favorite Sahiyo programs is the Voices workshop which brings diverse voices together and helps those impacted by FGM/C to share their stories and experiences. I saw, first hand, how impactful this sharing can be when my Voices video was first promoted in 2018. Not only did I benefit personally from telling my story, but I also gained new friends and learned that my story had helped others who were in the same boat as me.  

Why do you think others should donate to Sahiyo? 

I would highly encourage supporting Sahiyo as everyone involved in the organization is 100% committed to the mission and is laser focused in ensuring their work is done sensitively and respectfully. If your goal is to positively impact the lives of countless women and girls, you can do no better than to donate to Sahiyo so that they can continue to grow their range of programs to expand that impact even further. Ending FGM/C is the ultimate goal and supporting Sahiyo's programs will bring us closer to that goal.

Mariya Taher awarded spot in LEAP’s newest cohort

Sahiyo U.S. is proud to announce that Mariya Taher, Sahiyo Co-Founder and U.S. Executive Director, is one of the new LEAP Leaders, joining Cohort 9!

For the past ten years, the LEAP (Leadership Education and Advancement for Professionals) program has created a container where leaders of color can learn, strategize, and build community with each other. LEAP has brought together leaders from across the United States and territories to cultivate a multi-racial network of leaders striving to define what being an executive leader in the gender-based violence field looks like and to expand opportunities for advancement through professional development and networking. 

Learn more about the LEAP program here.

Troubling Idaho House Bill 71 moves on to Senate

In 2019, the Idaho Legislature established a law protecting girls from female genital mutilation/cutting (FGM/C), recognizing it as a violation of human rights. 

Yet, for the past two years, the same Idaho Legislature has targeted Trans youth, another vulnerable community, by attempting to amend the existing FGM/C law. This amendment would prohibit gender-affirming healthcare from being performed on children, even if they have parental consent. 

In 2022, Rep. Bruce Skaung introduced HB 675, which would prohibit surgery “if it is for the sole purpose of attempting to change or affirm the child’s perception of the child’s sex if that perception is inconsistent with the child’s biological sex.” The bill passed the House but was rejected by the Senate, as it was viewed to be an infringement on parental rights.

However, as of February 15th, another attempt is being made to take away medical care for Trans youth through HB 71. This bill has passed the House and is on to the Senate for a vote. 

This Bill is problematic for many reasons; particularly the false assumption that gender-affirming care and FGM/C are comparable. They are not. This Bill puts Trans youth and children at risk of FGM/C, both vulnerable groups, in greater danger. Diluting the current statue, Idaho Code 18-1506B, with attempts to discriminate against Trans youth will ultimately hurt more children and inhibit progress in ending FGM/C in Idaho.

 

Learn more about this Bill by reading this Statement from the US End FGM Network.

Sahiyo’s International Women’s Day Celebration & Silent Auction Donor Spotlight: Tahir Taherbhai

Starting March 8th, International Women’s Day, Sahiyo U.S. will be hosting a virtual silent auction to raise funds and awareness for our programs and services to end female genital cutting (FGC). The auction will open on Wednesday, March 8th, 9am PST/ 12pm EST and close on Sunday, March 12th, 6pm PST/ 9pm EST. We have some amazing sponsors and auction items have been provided by our supporters., To uplift and thank them for their contribution, we’re highlighting who they are and why they support Sahiyo.

When and how did your involvement with Sahiyo first begin? 

I was only very recently formally introduced to Sahiyo by Arefa Casshobhoy, who is the daughter of one of my closest friends. Before that, I knew of the organisation’s existence through my daughter, who had interacted with Sahiyo in California about four years ago. Even then, I was not aware of the work that was being done by the organisation; however, regarding the practice of FGM/C, I have been aware of it since I was in high school, and it is an issue that’s very close to my heart. My cousin, a doctor who was much older than me, talked to me about it as I was growing up. We made sure that it was not practiced within our own family. So when Arefa talked to me about Sahiyo, I was thrilled to learn about the work that you all are doing. 

Why did you decide to give to Sahiyo’s Silent Auction? What does the event mean to you? 

When I heard that Sahiyo was hosting its first-ever Auction, I knew I wanted to help in whatever way I could. I knew it would be hard for me to physically get involved because of my age andthe nature of work on Khatna would be overwhelming for me. But, I thought that the least I could do was financially contribute to the cause. 

What did you donate?

I donated $500 in cash, and since I am a franchisee of Taco Bell, I matched my donation with $500 worth of Taco Bell coupons. 

How would you like your donation to help Sahiyo grow? 

I think I’d like this money to go towards generating awareness. It’s so sad, you know, that this practice is so hush-hush within our [Bohra] community and half the men in the household don’t even know it is taking place. I wish more men would get educated and involved in this, just as I was given the opportunity to do when I was younger. 

Why do you think others should donate to Sahiyo? 

 With Sahiyo’s wide volunteer network and people like Arefa on the Advisory Board, I know that the team truly cares about the work that they are doing and the money is going in the right direction. People should donate to Sahiyo U.S. because their donations will be used prudently, and for a great cause. 

A note from the Editor: If you are interested in male engagement work around FGM/C, we encourage you to look into Sahiyo’s male ally program, Bhaiyo.

The Climate Crisis & Human Rights

By Nesha Abiraj

It is an understood global reality that women and girls are facing the harshest impacts of the climate crisis. Yet we seldom hear advocates at the frontlines of the climate crisis, speaking to the impact on human rights.  Thankfully, this is changing. In January of 2023, I was invited by the North County Climate Change Alliance in California to present on climate justice and human rights. A few days prior to the presentation, the organizers asked if they could use my Sahiyo Voices Video from 2021 to introduce me as a speaker. Elated, I immediately said yes. On the day of the presentation, my colleague and fellow Climate Reality Leader, Justin Lowery, delivered  my  introduction. He clearly identified and articulated  the connection I was aiming to make: the intersectionality between the climate crisis and the exacerbation of human rights violations, including female genital cutting (FGC), and by extension the need for international climate justice.

People were beginning to understand just how much more was at stake, and I was hearing people speak about FGC and child marriage in spaces where I had not otherwise expected to hear it. This past year, after doing similar presentations, people came up to me expressing their shock and deep concern that these harmful practices even existed in the regions and/or communities they lived in. There were people learning about FGC for the first time, and some expressed a desire to learn more so that they could integrate this and other human rights violations into their work on the climate crisis.

The UN Secretary General in his 2022 remarks stated that  humanity now faces a “collective suicide pact” on account of the climate crisis. According to UNICEF, as the climate crisis pushes more children and families into extreme poverty, 9 million more children may suffer from wasting, the most life-threatening form of malnutrition by the end of 2022. We are now in 2023. More than 200 million women and girls alive today have undergone FGC and more than 400 million girls are now more vulnerable to this harm because of the climate crisis. UNICEF projects that one billion children are at extremely high risk due to the  impacts of the climate crisis.

In the face of such startling data, how can we not act?

Since learning about the climate crisis through training to become a Climate Reality Leader  with the Climate Reality Project, as well as continued research, I have integrated the impacts of the climate crisis in my work to promote the protection of women and girls from harmful practices such as FGC. Additionally, recognizing the need for international law and policy to provide a pathway for justice, accountability, and a deterrent to slow the pace of the climate crisis, I have also become an advocate for climate justice with Stop Ecocide International, specifically advocating for ecocide to become the 5th International Crime Against Peace. 

Simply put, laws geared towards environmental protection are woefully inadequate, and environmental crimes continue to occur at great costs to humanity because these crimes are treated with impunity. The people who are forced to bear the worst consequences of the climate crisis often come from vulnerable regions that are usually the lowest emitters of greenhouse gases. It is their lives that are being upended as a result of actions they had nothing to do with. That includes the women and girls who are now at a heightened risk of having FGC performed on them.

The impact of the climate crisis on human rights and the urgent need for climate justice must be made central to any climate related policy. If we proceed as is without integrating these impacts, we run the risk of leaving millions of women and girls behind and at severe risk of harm. 

Women and girls are counting on us. You can help them by getting more involved in Sahiyo’s work as a volunteer or by signing on to Sahiyo’s petition to the United Nations. You can also support Sahiyo’s efforts by donating. These funds enable Sahiyo to support and train advocates, host educational webinars, and support survivors. In 2021 I was able to participate in the Voices project as an advocate at no cost to me. Two years later I continue to support making it possible for others to have the benefit of these educational and training opportunities at no cost. You too can do the same for someone else. 

Nesha Abiraj is an International Human Rights Lawyer. She is currently serving in her second year as an Ambassador to Island States and vulnerable coastal regions on International Climate Justice and Human Rights with Island Innovation. She also serves as an Ambassador to Stop Ecocide International, an organisation seeking to make ecocide, which is broadly understood to mean largescale and systematic destruction of nature, the 5th International Crime against Peace. Nesha also serves as a member of the US National Coalition to end early, forced and child marriages and is a US Advisory Board Member to Sahiyo. She previously worked with Human Rights Watch, Save the Children and continues to serve as a Lead Advocate for UNICEF USA on international humanitarian response relating to key poverty focused issues impacting the lives of children living in humanitarian and developmental settings including conflict zones. She is also a Climate Reality Leader and a member of the Commonwealth Lawyers Association

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