title: Identity and its protection as the aim and purpose of international human rights law: The case of (inter)sex identity and its protection

authors: Sterling, Rogena

subjects: Identity

abstract: The history of intersex people has demonstrated a life of invisibility with an imposed identity they did not choose. The lack of identity, or at least an autonomous one, led to a theoretical investigation into identity and how it has or has not been understood within international human rights. Intersex and sex has been used as an illustration of a multiplicity (often referred to as identities) to determine whether or not it has been protected and enabled through international human rights law. 
Before considering international human rights law, it was important to understand identity, what it means and how it is formed. This led to a hermeneutic inquiry into identity, in particular, from a Ricoeurian perspective. The hermeneutic inquiry leads to an understanding that what is called ‘identity’ centres on recognition of oneself and of others. This is a recognition of who one is and how one becomes one’s narrative identity. The becoming, however, develops through one of two interpretive horizons – vertical or horizontal – which may limit or expand one’s becoming. This becoming is understood through one’s narrative identity. The narrative identity reveals a temporal personal identity. 
Personal identity comprises of two forms or sources of identity: identity as idem (sameness) and identity as ipse (selfhood). How these are interpreted and implemented either limits or expands one’s becoming. When understood through the divesting of one’s personal identity from its narrative identity – identity as an identicality or status – it can be referred to as a problematic of identity. This problematic creates vulnerability of the human being, in particular, the loss of autonomy over who one is and how one comes to be. To prevent this vulnerability, one needs a moral identity living the good life of self-esteem and self-respect and the autonomy over one’s capabilities to speak, act, and narrate one’s life and be held imputable towards it. This enables relationality and respect toward others.  
Sex is commonly interpreted by international bodies within the binary which still leaves intersex people invisible. This is the result of understanding sex through the vertical interpretive horizon – as a sex status of male or female. As such, this required a study whether human rights were there to protect the status or the human person. The analysis revealed the basis and foundation of international human rights was the human person as a dignified being. The duty of state and society was to enable this human person so that they could freely and fully develop their personality. This would result in a dignified being. All the rights and freedoms were set for this purpose.   
For an intersex person to have a moral identity, they required the ability to freely and fully develop to form an identity. This came through the right to privacy. However, this development, and therefore one’s dignity, is limited when one’s well-being is interfered with or violated such as through sex-normalising treatment and other issues. It is therefore important to protect intersex people from such interference and violation to ensure their well-being. The development of who one is and the autonomy of how one comes to be enables recognition. This returns to the beginning – the purpose of identity. These represent the core issues for intersex people – the recognition of who they are and the autonomy of how the come to be.

text: Identity and its protection as the aim and purpose of international human rights law: The case of (inter)sex identity and its protection The history of intersex people has demonstrated a life of invisibility with an imposed identity they did not choose. The lack of identity, or at least an autonomous one, led to a theoretical investigation into identity and how it has or has not been understood within international human rights. Intersex and sex has been used as an illustration of a multiplicity (often referred to as identities) to determine whether or not it has been protected and enabled through international human rights law. 
Before considering international human rights law, it was important to understand identity, what it means and how it is formed. This led to a hermeneutic inquiry into identity, in particular, from a Ricoeurian perspective. The hermeneutic inquiry leads to an understanding that what is called ‘identity’ centres on recognition of oneself and of others. This is a recognition of who one is and how one becomes one’s narrative identity. The becoming, however, develops through one of two interpretive horizons – vertical or horizontal – which may limit or expand one’s becoming. This becoming is understood through one’s narrative identity. The narrative identity reveals a temporal personal identity. 
Personal identity comprises of two forms or sources of identity: identity as idem (sameness) and identity as ipse (selfhood). How these are interpreted and implemented either limits or expands one’s becoming. When understood through the divesting of one’s personal identity from its narrative identity – identity as an identicality or status – it can be referred to as a problematic of identity. This problematic creates vulnerability of the human being, in particular, the loss of autonomy over who one is and how one comes to be. To prevent this vulnerability, one needs a moral identity living the good life of self-esteem and self-respect and the autonomy over one’s capabilities to speak, act, and narrate one’s life and be held imputable towards it. This enables relationality and respect toward others.  
Sex is commonly interpreted by international bodies within the binary which still leaves intersex people invisible. This is the result of understanding sex through the vertical interpretive horizon – as a sex status of male or female. As such, this required a study whether human rights were there to protect the status or the human person. The analysis revealed the basis and foundation of international human rights was the human person as a dignified being. The duty of state and society was to enable this human person so that they could freely and fully develop their personality. This would result in a dignified being. All the rights and freedoms were set for this purpose.   
For an intersex person to have a moral identity, they required the ability to freely and fully develop to form an identity. This came through the right to privacy. However, this development, and therefore one’s dignity, is limited when one’s well-being is interfered with or violated such as through sex-normalising treatment and other issues. It is therefore important to protect intersex people from such interference and violation to ensure their well-being. The development of who one is and the autonomy of how one comes to be enables recognition. This returns to the beginning – the purpose of identity. These represent the core issues for intersex people – the recognition of who they are and the autonomy of how the come to be.

year: 2018

title: Holocene fluctuations of a meromictic Lake in southern British Columbia

authors: Lowe, David J.

abstract: Holocene deposits of Mahoney Lake, a meromictic saline lake located in a closed basin in the semi-arid Okanagan Valley, contain evidence of frequent and marked changes in lake depth (up to >12 m/100¹⁴C yr) probably caused by short-term changes in effective precipitation. We studied a 5.45-m-long core comprising a basal layer of inorganic mud overlain by a succession of layers of calcareous laminated and nonlaminated organic mud, marl, and sand. We used Mazama tephra to adjust nine radiocarbon ages for the hardwater effect. Meromixis developed ca. 9000¹⁴C yr B.P., and the lake has been episodically meromictic for about half the time since. Because of close linkages between sediments and depositional environments in meromictic and saline lakes, we infer that laminated sediments indicate meromictic conditions and high lake levels (>ca. 12 m water depth), whereas thick marl layers and nonlaminated sediments indicate nonmeromictic conditions and thus low lake levels (<ca. 8 m depth). Many of the inferred short-term climatic changes have not been identified in previous studies in northwestern North America, perhaps because of insensitive climatic proxies, inadequate temporal resolution, or discounting of anomalous findings.

text: Holocene fluctuations of a meromictic Lake in southern British Columbia Holocene deposits of Mahoney Lake, a meromictic saline lake located in a closed basin in the semi-arid Okanagan Valley, contain evidence of frequent and marked changes in lake depth (up to >12 m/100¹⁴C yr) probably caused by short-term changes in effective precipitation. We studied a 5.45-m-long core comprising a basal layer of inorganic mud overlain by a succession of layers of calcareous laminated and nonlaminated organic mud, marl, and sand. We used Mazama tephra to adjust nine radiocarbon ages for the hardwater effect. Meromixis developed ca. 9000¹⁴C yr B.P., and the lake has been episodically meromictic for about half the time since. Because of close linkages between sediments and depositional environments in meromictic and saline lakes, we infer that laminated sediments indicate meromictic conditions and high lake levels (>ca. 12 m water depth), whereas thick marl layers and nonlaminated sediments indicate nonmeromictic conditions and thus low lake levels (<ca. 8 m depth). Many of the inferred short-term climatic changes have not been identified in previous studies in northwestern North America, perhaps because of insensitive climatic proxies, inadequate temporal resolution, or discounting of anomalous findings.

year: 1997

title: Kei ō tātou ringa te rongoa? Is the remedy already at hand?
The assertion and application of tikanga as a valid and credible response to contemporary issues.

authors: Taitoko, Mikaere

subjects: tikanga

abstract: This thesis examines the notion that tikanga is well positioned to address issues confronting Māori and other indigenous groups who strive to achieve self-determination and the freedom to be and to do.  This work is inspired by the late John Te Rangi-āniwaniwa Rangihau’s statement, “Ko te rongoā kei roto i ō tātau ringa” (1987, p. 24), which promotes the notion that through culture and identity Māori already have within their grasp the answers to contemporary matters of import in te ao Māori.  This thesis inverts that statement and presents it as a question querying whether indeed the remedy is at hand and, if so, could tikanga and cultural identity be that remedy.  To that end this study deliberately sets out to examine if the rongoa of self-determination, power and freedom can be achieved by the assertion and application of Māori ways of being and doing, that is to say by exercising tikanga.
Understanding notions of tikanga, sovereignty, and indigeneity is pivotal to this study as is articulating the notion of third space.  This thesis argues that these four notions are interconnected when considering ideas of self-determination for disempowered groups.  A case study forms a large part of this work and focuses on an indigenous group operating from a pre-contact tupuna worldview and based on He Whakaputanga o te Rangatiratanga o Nu Tireni 1835/Declaration of Independence of New Zealand 1835.  This particular group was chosen because it presented as being a point of intersect for the four notions of tikanga, sovereignty, indigeneity and the third space.
This thesis argues that whilst tikanga is a powerful mechanism for determining and rationalising ways of being and doing it has less to offer at a pragmatic level when it comes to effecting change in the status quo.  However, when overlaid with the third space lens new perspectives can be enunciated and new opportunities detected which in turn can lead to determining new actions.  Through this study it becomes clear that the assertion and application of tikanga contributes to, but on its own is not, the whole answer.

text: Kei ō tātou ringa te rongoa? Is the remedy already at hand?
The assertion and application of tikanga as a valid and credible response to contemporary issues. This thesis examines the notion that tikanga is well positioned to address issues confronting Māori and other indigenous groups who strive to achieve self-determination and the freedom to be and to do.  This work is inspired by the late John Te Rangi-āniwaniwa Rangihau’s statement, “Ko te rongoā kei roto i ō tātau ringa” (1987, p. 24), which promotes the notion that through culture and identity Māori already have within their grasp the answers to contemporary matters of import in te ao Māori.  This thesis inverts that statement and presents it as a question querying whether indeed the remedy is at hand and, if so, could tikanga and cultural identity be that remedy.  To that end this study deliberately sets out to examine if the rongoa of self-determination, power and freedom can be achieved by the assertion and application of Māori ways of being and doing, that is to say by exercising tikanga.
Understanding notions of tikanga, sovereignty, and indigeneity is pivotal to this study as is articulating the notion of third space.  This thesis argues that these four notions are interconnected when considering ideas of self-determination for disempowered groups.  A case study forms a large part of this work and focuses on an indigenous group operating from a pre-contact tupuna worldview and based on He Whakaputanga o te Rangatiratanga o Nu Tireni 1835/Declaration of Independence of New Zealand 1835.  This particular group was chosen because it presented as being a point of intersect for the four notions of tikanga, sovereignty, indigeneity and the third space.
This thesis argues that whilst tikanga is a powerful mechanism for determining and rationalising ways of being and doing it has less to offer at a pragmatic level when it comes to effecting change in the status quo.  However, when overlaid with the third space lens new perspectives can be enunciated and new opportunities detected which in turn can lead to determining new actions.  Through this study it becomes clear that the assertion and application of tikanga contributes to, but on its own is not, the whole answer.

year: 2013