Intersex human rights

Participants at the third International Intersex Forum, Malta, in December 2013

Intersex people are born with sex characteristics, such as chromosomes, gonads, or genitals, that, according to the UN Office of the High Commissioner for Human Rights, "do not fit typical binary notions of male or female bodies."[1]

Intersex persons often face stigmatisation and discrimination from birth, particularly when an intersex variation is visible. In some countries this may include infanticide, abandonment and the stigmatization of families. Mothers in East Africa may be accused of witchcraft, and the birth of an intersex child may be described as a curse.[2][3][4]

Intersex infants and children, such as those with ambiguous outer genitalia, may be surgically and/or hormonally altered to fit perceived more socially acceptable sex characteristics. However, this is considered controversial, with no firm evidence of good outcomes.[5] Such treatments may involve sterilization. Adults, including elite female athletes, have also been subjects of such treatment.[6][7] These issues are recognized as human rights abuses, with statements from UN agencies,[8][9] the Australian parliament,[10] and German and Swiss ethics institutions.[11] Intersex organizations have also issued joint statements over several years, including the Malta declaration by the third International Intersex Forum.

Implementation of human rights protections in legislation and regulation has progressed more slowly. In 2011, Christiane Völling won the first successful case brought against a surgeon for non-consensual surgical intervention.[12] In 2015, the Council of Europe recognized for the first time a right for intersex persons to not undergo sex assignment treatment.[13] In April 2015, Malta became the first country to outlaw nonconsensual medical interventions to modify sex anatomy, including that of intersex people.[14][15]

Other human rights and legal issues include the right to life, protection from discrimination, standing to file in law and compensation, access to information, and legal recognition.[13][16] Few countries so far protect intersex people from discrimination.[13][16]

  1. ^ "Free & Equal Campaign Fact Sheet: Intersex" (PDF). United Nations Office of the High Commissioner for Human Rights. 2015. Archived (PDF) from the original on 4 March 2016. Retrieved 28 March 2016.
  2. ^ Cite error: The named reference cschrcl was invoked but never defined (see the help page).
  3. ^ Cite error: The named reference bbc2017 was invoked but never defined (see the help page).
  4. ^ Cite error: The named reference bbkci2015 was invoked but never defined (see the help page).
  5. ^ "Submission 88 to the Australian Senate inquiry on the involuntary or coerced sterilisation of people with disabilities in Australia". Australasian Paediatric Endocrine Group (APEG). 27 June 2013. Archived from the original on 23 September 2015. Retrieved 19 July 2015.
  6. ^ Rebecca Jordan-Young; Peter Sonksen; Katrina Karkazis (2014). "Sex, health, and athletes". BMJ. 348: g2926. doi:10.1136/bmj.g2926. PMID 24776640. S2CID 2198650. Archived from the original on 2014-09-11. Retrieved 2015-07-19.
  7. ^ Macur, Juliet (6 October 2014). "Fighting for the Body She Was Born With". The New York Times. Archived from the original on 12 January 2015. Retrieved 9 February 2015.
  8. ^ "Report of the UN Special Rapporteur on Torture" (PDF). Office of the UN High Commissioner for Human Rights. February 2013. Archived (PDF) from the original on 2016-08-24. Retrieved 2015-07-19.
  9. ^ "Eliminating forced, coercive and otherwise involuntary sterilization, An interagency statement". World Health Organization. May 2014. Archived from the original on 2015-07-11. Retrieved 2020-10-05.
  10. ^ Cite error: The named reference SenateOnSterilisation was invoked but never defined (see the help page).
  11. ^ Cite error: The named reference swissnek was invoked but never defined (see the help page).
  12. ^ Cite error: The named reference voll was invoked but never defined (see the help page).
  13. ^ a b c Cite error: The named reference coe was invoked but never defined (see the help page).
  14. ^ "Surgery and Sterilization Scrapped in Malta's Benchmark LGBTI Law". The New York Times. Reuters. 1 April 2015. Archived from the original on 4 April 2015. Retrieved 22 February 2017.
  15. ^ "Malta passes law outlawing forced surgical intervention on intersex minors". Star Observer. 2 April 2015. Archived from the original on 14 August 2015. Retrieved 19 July 2015.
  16. ^ a b Cite error: The named reference afp2016 was invoked but never defined (see the help page).