How trans people are quoted in a research paper? Rehearsing some answers

Crissthian Manuel Olivera Fuentes *

At a university assignment I found at least two worthy cases for someone who has studied or that is studying Library Science (or Information Science as it is called in some universities).

The first case is Goicochea Fiorella Cava, who wrote a book, titled Identity, culture and society. A cry from the silence, I quote in my research. The point is that Fiorella publishes the work in 2004 with its corporate name on the cover and the legal name on the copyright. A simplistic look, as the teacher who had been tutoring me, did mention it in his name legally recognized, which is with a male name.

Not satisfied with the college counseling offered, I decided that my job was to receive input with diligent eyes of some colleagues. Well that helped me a lot and I had a great lesson to share with you now.

In an initial (and heated) virtual discussion with Fiorella, she expressed understandable displeasure to be quoted with a name which is not recognized. Among other things, I argued that writers and writers can use pseudonyms and they constitute the identity through which they are recognized and quoted. He quoted the example of Pablo Neruda and Gabriela Mistral.

Determined to support the point of view of Fiorella, I started investigating and gathering information to give me arguments for or against. I found this quest a new vein in the law which, I believe, as we had not identified GLBT movement to take a further step in the demand for recognition of identity of trans people: the pseudonym.

I found that while used the pseudonym Pablo Neruda, legally adopted him as its name in 1946. In consultation with the National Library of Peru (BNP), I was informed that handled a record "normalized", standardized. They recognize this writer and author of Twenty Poems and a Song of Despair, although the text (1944) notes Pablo Neruda's biography is his nickname and realizes his legal name. The copyright is the Editorial Losada SA

The BNP also recognized him as an author to Gabriela Mistral in his book anthology. Selection of the author. The work, which dates from 1946, does not disclose the true name of the writer. The Company has the copyright Editora Zigzags SA On page six of the text is a note that says "The rights belong to the author for this edition will be allocated - according to the express desire of Gabriela Mistral - indigent pupils village" Montegrande. Publishers

The particular case of Fiorella Cava is: she is a transsexual woman who puts in the previous part to the copyright of his book Identity, culture and society. A silent scream from the following disclaimer: "Given that the Peruvian State has not yet recognized identity, I have to use one that is inserted in my ID card, despite not feeling identified either with the name, or with sex contained therein”.

I mention "transsexual woman" because I consider that there are various forms and experiences of being a woman, each one built through the personal history, the historical and social context and the particular personality of each individual woman. In that sense, women are transgendered women the experience of being born biologically male and therefore pass through a male upbringing and socialization, which will then give through a transitional process that starts with a change of clothes passes through learning and practice of behavior considered as well as female hormone replacement therapy, and has its end point (not all times achieved by different circumstances) with the legal change of name and sex, and reassignment surgery in genitals.

In consultation with the National Institute for the Defense of Competition and Intellectual Property Protection (INDECOPI), Maria Soledad Ferreyros, president of the Intellectual Property Chamber, told me that according to law, the author or the author has moral rights among them the right to disseminate his work anonymously, under a pseudonym or your name. She says that the strict regarding appointments and respect for authorship are in the Law On Copyright (DL 822 of 1996) and indicates literally that "technical and legal thing is to keep the name as the author has been the book, not the © (sic) ".

This law, in its article 12 º, states that "Where the work is disclosed anonymously or under a pseudonym, the exercise of the rights shall accrue to the natural or legal person who discloses it with the consent of the author, while the latter reveals his and proves his identity in such a case that will be safe and rights acquired by third parties”.

I also consulted with renowned Colombian activist Rupert Nelson (of the organization G & M
Lawyers in Colombia), who told me that "the appointment is an attribute of personal identity and so is the person who built his appointment (by them the pseudonyms of writers) and that name should be respected.”

For its part, Fiorella itself has expressed the desire to be quoted with the name chosen by her for her public recognition. In this regard, she noted that it supports in the Copyright and INDECOPI to demand that he acknowledged his work was done with his female name.

She argues that her name was registered and recognized in the National Registry of Identification and Civil Status (RENIEC) is a "legal entity (sic), owner of an intellectual right," and assures me that he "do not complain (sic) because it mentions Fiorella CAVA as the author of the book (...) because that's his pseudonym (sic) (if (sic) what you mean).

Fiorella, in his lengthy defense (which I now make my own), has argued that it is recognized as a nationally and internationally, and in any academic work has been quoted with the "other" name, which prefers to forget or perhaps keep their very personal and intimate memories. I have found that, indeed, it is quoted and recognized as Fiorella in printed texts and online.

Therefore, I will quote social Fiorella by name because it goes according to your identity and is not contrary to law or to scientific rigor. As she says, "my pseudonym, if this is how you perceive that my name is my name as legal as legal."

In conclusion, the pen is in this case a law loophole through which we can achieve the proper recognition of transsexual people when citing them in any text (article, essay, monograph, thesis, etc.), so that there is no violations of their rights to self-identity and personality development.

Since the Constitutional Court (TC) 2868-2004-AA/TC, 24 November 2004, reminds us in his foundation No. 23, "The worth of the individual character in its ontological sense is not lost by the fact that a crime has been committed. It doesn’t matter if they are gay or transsexual or, in general, for having decided on a way of being that is not accepted by the majority. As the Supreme Court has held American, "these issues concerning the most intimate and personal choices a person can make in your life, decisions central to personal autonomy and dignity are essential to freedom [...]. At the heart of liberty is the right to define one's own concept of existence, the meaning of the universe and the mystery of human life. Those beliefs about issues or the definition of personality attributes can not be formed under the compulsion of the State "[Planned Parenthood of Southeastern v. Casey, 505 U.S. 833 (1992)].”

Obviously, for transgender people is not very flattering to be recognized by a nickname, a term comparable to a nickname or name that therefore refers to the idea of an artifice, a sham built to hide who he really are. While for the pseudonym Copyright is a form of identification, is not the same subjective experience that transgendered people have to equate the term "pen" with the name they have chosen for themselves.

In this regard, Case TC 2273-2005-PHC/TC, 20 April 2006, at its foundation No. 21 also states that identity is constituted by elements "that are derived from the actual development and personal behavior, rather subjective character (ideology, cultural identity, values, reputation, etc.) ".. In the following basis reflects the experience of Fiorella and many other trans people to argue that "the identity from the perspective described does not, therefore, as often thought, a perception supported by the one-dimensional strictly objective or formal elements that allow individualized the person. It is also involved with a multitude of scenarios that can respond to elements of a purely subjective, in many cases, even more relevant than the former. "

The second case that I found in my college textbook confronted is that of Hector Acuna. I quote his manifesto called The dawn of the iconoclast.

Here the situation is that the manifest is signed by Frau Diamanda, drag queen character Hector has created for his performative work. I consulted Hector himself on the correct way to quote and he said that "Hector Acuna (sic) is the visual artist and creator of frau diamanda (sic), is well k (sic) use my real name.

On the web where the manifest, Hector recognizes that through his character he explores the enormous range of possibilities that can offer generic transgression from mimetic parody of a drag queen to the introspective portrait of a hybrid effeminate .

This case is totally different from the Fiorella. Impersonating a drag queen is not the same experience felt by a transsexual. Performativity is not the same as identity, although the latter is the first by queer theory.

It is therefore important to make visible the different life experiences that are often swept under the term trans to assume that politically correct, but that blinds us to the richness of a sow sexuality elusive and ineffable.

* Bachelor of Communication Studies. Gay human rights activist and feminist. My personal and professional development has been linked to Afro-Peruvian organizations, feminists, people with HIV and GLBT movement. I am currently executive director of the Homosexual Movement of Lima (MHOL).