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Intersex human rights

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]

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

Intersex people face stigmatisation and discrimination from birth, particularly when an intersex variation is visible. In some countries (particularly in Africa and Asia) 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]

Intersex and human rights

 
ILGA conference 2018, group photo to mark Intersex Awareness Day

Research indicates a growing consensus that diverse intersex bodies are normal—if relatively rare—forms of human biology,[17] and human rights institutions are placing increasing scrutiny on medical practices and issues of discrimination against intersex people. A 2013 first international pilot study. Human Rights between the Sexes, by Dan Christian Ghattas,[18][19] found that intersex people are discriminated against worldwide:

Intersex individuals are considered individuals with a "disorder" in all areas in which Western medicine prevails. They are more or less obviously treated as sick or "abnormal", depending on the respective society.

The Council of Europe highlights several areas of concern:

  • Equal right to life and prevention of medical treatments without informed consent including treatments considered unnecessary;
  • Removal of Intersex as a curable medical condition but one which can have medical treatments with informed consent
  • Equal treatment under the law; including specific legal provision similar to other classes covered;
  • Access to information, medical records, peer and other counselling and support;
  • Self-determination in gender recognition, through expeditious access to official documents.[13]

Relationship between Intersex and LGBT

Multiple organizations have highlighted appeals to LGBT rights recognition that fail to address the issue of unnecessary "normalising" treatments on intersex children, using the portmanteau term "pinkwashing". In June 2016, Organisation Intersex International Australia pointed to contradictory statements by Australian governments, suggesting that the dignity and rights of LGBTI (LGBT and intersex) people are recognized while, at the same time, harmful practices on intersex children continue.[20]

In August 2016, Zwischengeschlecht described actions to promote equality or civil status legislation without action on banning "intersex genital mutilations" as a form of "pinkwashing".[21] The organization has previously highlighted evasive government statements to UN Treaty Bodies that conflate intersex, transgender and LGBT issues, instead of addressing harmful practices on infants.[22]

Physical integrity and bodily autonomy

 
  Legal prohibition of non-consensual medical interventions
  Regulatory suspension of non-consensual medical interventions
  Physical integrity and bodily autonomy on intersex not legislated

Intersex people face stigmatisation and discrimination from birth. In some countries, particularly in Africa and Asia, 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] Abandonments and infanticides have been reported in Uganda,[2] Kenya,[23] south Asia,[24] and China.[4] In 2015, it was reported that an intersex Kenyan adolescent, Muhadh Ishmael, was mutilated and later died. He had previously been described as a curse on his family.[23]

Non-consensual medical interventions to modify the sex characteristics of intersex people take place in all countries where the human rights of intersex people have been explored.[18] Such interventions have been criticized by the World Health Organization, other UN bodies such as the Office of the High Commissioner for Human Rights, and an increasing number of regional and national institutions. In low and middle income countries, the cost of healthcare may limit access to necessary medical treatment at the same time that other individuals experience coercive medical interventions.[4]

Several rights have been stated as affected by stigmatization and coercive medical interventions on minors:

  • the right to life.[13]
  • the right to privacy, including a right to personal autonomy or self-determination regarding medical treatment.[10][11]
  • prohibitions against torture and other cruel, inhuman and degrading treatment.[8][10]
  • a right to physical integrity[25] and/or bodily autonomy.[15][26]
  • additionally, the best interests of the child may not be served by surgeries aimed at familial and social integration.[11]

Human rights reports

 
Hong Kong intersex activist Small Luk

In recent years, Intersex rights have been the subject of reports by several national and international institutions. These include the Swiss National Advisory Commission on Biomedical Ethics (2012),[11] the UN special rapporteur on torture and other cruel, inhuman or degrading treatment or punishment (2013),[8] and the Australian Senate (2013).[10] In 2015 the Council of Europe, the United Nations Office of the United Nations High Commissioner for Human Rights and the World Health Organization also addressed the issue. In April 2015, Malta became the first country to outlaw coercive medical interventions.[14][15] In the same year, the Council of Europe became the first institution to state that intersex people have the right not to undergo sex affirmation interventions.[13]

For Intersex Awareness Day, October 26, UN experts including the Committee against Torture, the Committee on the Rights of the Child and the Committee on the Rights of Persons with Disabilities, along with the Council of Europe Commissioner for Human Rights, the Inter-American Commission on Human Rights and United Nations Special Rapporteurs called for an urgent end to human rights violations against intersex persons, including in medical settings. The experts also called for the investigation of alleged human rights abuses, the ability to file claims for compensation, and the implementation of anti-discrimination measures:[27]

In countries around the world, intersex infants, children and adolescents are subjected to medically unnecessary surgeries, hormonal treatments and other procedures in an attempt to forcibly change their appearance to be in line with societal expectations about female and male bodies. When, as is frequently the case, these procedures are performed without the full, free and informed consent of the person concerned, they amount to violations of fundamental human rights... States must, as a matter of urgency, prohibit medically unnecessary surgery and procedures on intersex children. They must uphold the autonomy of intersex adults and children and their rights to health, to physical and mental integrity, to live free from violence and harmful practices and to be free from torture and ill-treatment. Intersex children and their parents should be provided with support and counselling, including from peers.[27]

In 2017, the human rights non-governmental organizations Amnesty International[28][29] and Human Rights Watch[30][31][32] published major reports on the rights of children with intersex conditions.

Constitutional Court of Colombia

Although not many cases of children with intersex conditions are available, a case taken to the Constitutional Court of Colombia led to changes in their treatment.[33] The case restricted the power of doctors and parents to decide surgical procedures on children's ambiguous genitalia after the age of five, while continuing to permit interventions on younger children. Due to the decision of the Constitutional Court of Colombia on Case 1 Part 1 (SU-337 of 1999), doctors are obliged to inform parents on all the aspects of the intersex child. Parents can only consent to surgery if they have received accurate information, and cannot give consent after the child reaches the age of five. By then the child will have, supposedly, realized their gender identity.[34] The court case led to the setting of legal guidelines for doctors' surgical practice on intersex children.

Maltese legislation

In April 2015, Malta became the first country to outlaw non-consensual medical interventions in a Gender Identity Gender Expression and Sex Characteristics Act.[14][15] The Act recognizes a right to bodily integrity and physical autonomy, explicitly prohibiting modifications to children's sex characteristics for social factors:

14. (1) It shall be unlawful for medical practitioners or other professionals to conduct any sex assignment treatment and/or surgical intervention on the sex characteristics of a minor which treatment and/or intervention can be deferred until the person to be treated can provide informed consent: Provided that such sex assignment treatment and/or surgical intervention on the sex characteristics of the minor shall be conducted if the minor gives informed consent through the person exercising parental authority or the tutor of the minor. (2) In exceptional circumstances treatment may be effected once agreement is reached between the Interdisciplinary Team and the persons exercising parental authority or tutor of the minor who is still unable to provide consent: Provided that medical intervention which is driven by social factors without the consent of the minor, will be in violation of this Act.[35]

The Act was widely welcomed by civil society organizations.[26][36][37]

Chilean regulations

In January 2016, the Ministry of Health of Chile ordered the suspension of unnecessary normalization treatments for intersex children, including irreversible surgery, until they reach an age when they can make decisions on their own.[38][39] The regulations were superseded in August 2016.[40][41][42]

Government of Tamil Nadu Executive Order

On 22 April 2019 the Madras High Court (Madurai Bench) passed a landmark judgment[43] and issued direction to ban Sex-Selective Surgeries on Intersex Infants based on the works of Gopi Shankar Madurai. On August 13, 2019 the Government of Tamil Nadu, India has issued a Government Order to ban non-necessary surgeries on the sex characteristics of babies and children in the Indian state of Tamil Nadu with 77.8 Million people, this regulation is exempted in the case of life-threatening situations.[44][45][46][47]

Legal protections in Germany 2021

A law that provides for a general ban on operations in children and adolescents with 'variants of gender development' ('Varianten der Geschlechtsentwicklung') was passed in the German parliament on March 25, 2021.[48][49] According to a report in the Deutsches Ärzteblatt, the law is intended to strengthen the self-determined decision-making of children and adolescents and avoid possible damage to their health. Surgical changes to gender characteristics should only take place - even with the consent of the parents - if the operation cannot be postponed until age 14. The Federal Chamber of Psychotherapists requires the mandatory participation of a counsellor with experience on intersex in an assessment before a possible intervention.[50] While supportive of progress,[51] the law that was finally passed was also criticized by the Organisation Intersex International (OII) Germany, OII Europe, and Intergeschlechtliche Menschen, because of the existence of exceptions.[52][53][54]

Right to life

Preimplantation genetic diagnosis (PGD or PIGD) refers to genetic testing of embryos prior to implantation (as a form of embryo profiling), and sometimes even of oocytes prior to fertilization. PGD is considered in a similar fashion to prenatal diagnosis. When used to screen for a specific genetic condition, the method makes it highly likely that the baby will be free of the condition under consideration. PGD thus is an adjunct to assisted reproductive technology, and requires in vitro fertilization (IVF) to obtain oocytes or embryos for evaluation. The technology allows discrimination against those with intersex traits.

Georgiann Davis argues that such discrimination fails to recognize that many people with intersex traits lead full and happy lives.[55] Morgan Carpenter highlights the appearance of several intersex variations in a list by the UK Human Fertilisation and Embryology Authority of "serious" "genetic conditions" that may be de-selected, including 5 alpha reductase deficiency and androgen insensitivity syndrome, traits evident in elite women athletes and "the world's first openly intersex mayor".[56] Organisation Intersex International Australia has called for the Australian National Health and Medical Research Council to prohibit such interventions, noting a "close entanglement of intersex status, gender identity and sexual orientation in social understandings of sex and gender norms, and in medical and medical sociology literature".[57]

In 2015, the Council of Europe published an Issue Paper on Human rights and intersex people, remarking:

Intersex people's right to life can be violated in discriminatory “sex selection” and “preimplantation genetic diagnosis, other forms of testing, and selection for particular characteristics”. Such de-selection or selective abortions are incompatible with ethics and human rights standards due to the discrimination perpetrated against intersex people on the basis of their sex characteristics.[13]

Protection from discrimination

 
  Explicit protection on grounds of sex characteristics (Bosnia and Herzegovina, Finland, Greece, Serbia, Malta, Portugal, Norway, Iceland, the Netherlands)
  Explicit protection on grounds of intersex status (Australia, Jersey)
  Explicit protection on grounds of intersex within attribute of sex (South Africa, Germany)
  No explicit protection on grounds

A handful of jurisdictions so far provide explicit protection from discrimination for intersex people. South Africa was the first country to explicitly add intersex to legislation, as part of the attribute of "sex".[58] Australia was the first country to add an independent attribute, of "intersex status".[59] Malta was the first to adopt a broader framework of "sex characteristics, through legislation that also ended modifications to the sex characteristics of minors undertaken for social and cultural reasons.[26] Bosnia-Herzegovina listed as "sex characteristics"[60][61] Greece prohibits discrimination and hate crimes based on "sex characteristics", since 24 December 2015.[62][63] Since 2021, Serbia also prohibits discrimination based on "sex characteristics".[64] Since 2022, Chile bans discrimination based on "sex characteristics" under Law 21,430.[65]

Education

An Australian survey of 272 persons born with atypical sex characteristics, published in 2016, found that 18% of respondents (compared to an Australian average of 2%) failed to complete secondary school, with early school leaving coincident with pubertal medical interventions, bullying and other factors.[66]

Employment

A 2015 Australian survey of people born with atypical sex characteristics found high levels of poverty, in addition to very high levels of early school leaving, and higher than average rates of disability.[67] An Employers guide to intersex inclusion published by Pride in Diversity and Organisation Intersex International Australia also discloses cases of discrimination in employment.[68]

Healthcare

Discrimination protection intersects with involuntary and coercive medical treatment. Maltese protections on grounds of sex characteristics provides explicit protection against unnecessary and harmful modifications to the sex characteristics of children.[15][26]

In May 2016, the United States Department of Health and Human Services issued a statement explaining Section 1557 of the Affordable Care Act stating that the Act prohibits "discrimination on the basis of intersex traits or atypical sex characteristics" in publicly funded healthcare, as part of a prohibition of discrimination "on the basis of sex".[69]

Sport

In 2013, it was disclosed in a medical journal that four unnamed elite female athletes from developing countries were subjected to gonadectomies (sterilization) and partial clitoridectomies (female genital mutilation) after testosterone testing revealed that they had an intersex condition.[70][71] Testosterone testing was introduced in the wake of the Caster Semenya case, of a South African runner subjected to testing due to her appearance and vigor.[70][71][72][73] There is no evidence that innate hyperandrogenism in elite women athletes confers an advantage in sport.[74][75] While Australia protects intersex persons from discrimination, the Act contains an exemption in sport.

Remedies and compensation claims

 
Intersex activists on a boat at Utrecht Canal Pride on June 16, 2018

Compensation claims have been made in a limited number of legal cases.

Christiane Völling case, Germany

In Germany in 2011, Christiane Völling was successful in a case against her medical treatment. The surgeon was ordered to pay €100,000 in compensatory damages[76][77] after a legal battle that began in 2007, thirty years after the removal of her reproductive organs.[12][78]

Benjamín-Maricarmen case, Chile

On August 12, 2005, the mother of a child, Benjamín, filed a lawsuit against the Maule Health Service after the child's male gonads and reproductive system were removed without informing the parents of the nature of the surgery. The child had been raised as a girl. The claim for compensatory damages was initiated in the Fourth Court of Letters of Talca, and ended up in the Supreme Court of Chile. On November 14, 2012, the Court sentenced the Maule Health Service for "lack of service" and to pay compensation of 100 million pesos for moral and psychological damages caused to Benjamín, and another 5 million for each of the parents.[79][80]

M.C. v. Aaronson case, US

In the United States the M.C. v. Aaronson case, advanced by interACT with the Southern Poverty Law Center, was brought before the courts in 2013.[81][82][83] In 2015, the Court of Appeals for the Fourth Circuit dismissed the case, stating that, "it did not “mean to diminish the severe harm that M.C. claims to have suffered” but that a reasonable official in 2006 did not have fair warning from then-existing precedent that performing sex assignment surgery on sixteen-month-old M.C. violated a clearly established constitutional right."[84][85] In July 2017, it was reported that the case had been settled out of court by the Medical University of South Carolina for $440,000, without admission of liability.[86]

Michaela Raab case, Germany

In 2015, Michaela Raab filed suit against doctors in Nuremberg, Germany, for failing to properly advise her. Doctors stated that they "were only acting according to the norms of the time - which sought to protect patients against the psychosocial effects of learning the full truth about their chromosomes."[77] On 17 December 2015, the Nuremberg State Court ruled that the University of Erlangen-Nuremberg Clinic pay damages and compensation.[87]

Access to information

 
"They should never be told ... "[88] Licence to Lie - Androgen insensitivity syndrome treatment standards in 1963

With the rise of modern medical science in Western societies, many intersex people with ambiguous external genitalia have had their genitalia surgically modified to resemble either female or male genitals. Surgeons pinpointed the birth of intersex babies as a "social emergency".[89] A secrecy-based model was also adopted, in the belief that this was necessary to ensure “normal” physical and psychosocial development.[11][90][91] Disclosure also included telling people that they would never meet anyone else with the same condition.[10] Access to medical records has also historically been challenging.[13] Yet the ability to provide free, informed consent depends on the availability of information.

The Council of Europe[13] and World Health Organization[92] acknowledge the necessity for improvements in information provision, including access to medical records.

Some intersex organizations claim that secrecy-based models have been perpetuated by a shift in clinical language to disorders of sex development. Morgan Carpenter of Organisation Intersex International Australia quotes the work of Miranda Fricker on "hermeneutical injustice" where, despite new legal protections from discrimination on grounds of intersex status, "someone with lived experience is unable to even make sense of their own social experiences" due to the deployment of clinical language and "no words to name the experience".[93]

Legal recognition

According to the Asia Pacific Forum of National Human Rights Institutions, few countries have provided for the legal recognition of intersex people. The Forum states that the legal recognition of intersex people is:

  • firstly about access to the same rights as other men and women, when assigned male or female;
  • secondly it is about access to administrative corrections to legal documents when an original sex assignment is not appropriate; and
  • thirdly, while opt in schemes may help some individuals, legal recognition is not about the creation of a third sex or gender classification for intersex people as a population, but instead is about enabling an opt-in scheme for any individual who seeks it.[16]

In some jurisdictions, access to any form of identification document can be an issue.[94]

Gender identities

Like all individuals, some intersex individuals may be raised as a particular sex (male or female) but then identify with another later in life, while most do not.[95][96][97] Like non-intersex people, some intersex individuals may not identify themselves as either exclusively female or exclusively male. A 2012 clinical review suggests that between 8.5-20% of persons with intersex conditions may experience gender dysphoria,[98] while sociological research in Australia, a country with a third 'X' sex classification, shows that 19% of people born with atypical sex characteristics selected an "X" or "other" option, while 52% are women, 23% men and 6% unsure.[67][99]

Access to identification documents

Depending on the jurisdiction, access to any birth certificate may be an issue,[94] including a birth certificate with a sex marker.[100]

In 2014, in the case of Baby 'A' (Suing through her Mother E.A) & another v Attorney General & 6 others [2014], a Kenyan court ordered the Kenyan government to issue a birth certificate to a five-year-old child born in 2009 with ambiguous genitalia.[101] In Kenya a birth certificate is necessary for attending school, getting a national identity document, and voting.[101] Many intersex persons in Uganda are understood to be stateless due to historical difficulties in obtaining identification documents, despite a birth registration law that permits intersex minors to change assignment.[102]

Access to the same rights as other men and women

The Asia Pacific Forum of National Human Rights Institutions states that:

Recognition before the law means having legal personhood and the legal protections that flow from that. For intersex people, this is neither primarily nor solely about amending birth registrations or other official documents. Firstly, it is about intersex people who have been issued a male or a female birth certificate being able to enjoy the same legal rights as other men and women.[16]

Binary categories

Access to a birth certificate with a correct sex marker may be an issue for people who do not identify with their sex assigned at birth,[13] or it may only be available accompanied by surgical requirements.[16]

The passports and identification documents of Australia and some other nationalities have adopted "X" as a valid third category besides "M" (male) and "F" (female), at least since 2003.[103][104] In 2013, Germany became the first European nation to allow babies with characteristics of both sexes to be registered as indeterminate gender on birth certificates, amidst opposition and skepticism from intersex organisations who point out that the law appears to mandate exclusion from male or female categories.[105][106] The Council of Europe acknowledged this approach, and concerns about recognition of third and blank classifications in a 2015 Issue Paper, stating that these may lead to "forced outings" and "lead to an increase in pressure on parents of intersex children to decide in favour of one sex."[13] The Issue Paper argues that "further reflection on non-binary legal identification is necessary":

Mauro Cabral, Global Action for Trans Equality (GATE) Co-Director, indicated that any recognition outside the “F”/”M” dichotomy needs to be adequately planned and executed with a human rights point of view, noting that:

“People tend to identify a third sex with freedom from the gender binary, but that is not necessarily the case. If only trans and/or intersex people can access that third category, or if they are compulsively assigned a third sex, then the gender binary gets stronger, not weaker”[13]

Intersex rights by jurisdiction

Read country-specific pages on intersex rights via the links on the country name, where available.

Africa

Americas

Country/jurisdiction Physical integrity and bodily autonomy Anti-discrimination protection Access to identification documents Access to same rights as other men and women Changing M/F identification documents Third gender or sex classifications Ending official classification by sex or gender Sex and gender distinctions Assign infants and children to male or female
  Argentina  [116]     Self-determination[117]   Since July 2021, gender X became available and implemented[118]
  Chile  [119]  [65][120][121]     Self-determination[122]  [122]
  Colombia   No, but restricted in children aged over 5.     Self-determination
  Mexico  [123][124][125]  [124]  [124]
  United States  [126] Partial, in healthcare[127]   Laws on female genital mutilation not enforced[126]  /  Opt in only for Washington D.C., California, New York City, Ohio (with a court order only), New Mexico,[128] Nevada,[129] Oregon, Utah (with a court order only),[130] Washington State, New Jersey,[131] and Colorado.[132][133][134][135] In October 2021, the very first US Passport with a gender X was issued by a court order for an individual. From April-11-2022, gender X becomes officially available and recognised for any validly issued US Passport holder.[136][137][138]
  Uruguay  [139][140]   Self-determination  [141]

Asia

Europe

Country/jurisdiction Physical integrity and bodily autonomy Anti-discrimination protection Access to identification documents Access to same rights as other men and women Changing M/F identification documents Third gender or sex classifications Ending official classification by sex or gender Sex and gender distinctions Assign infants and children to male or female
  Albania  [151]  [152]
  Austria  [153]
  Bosnia and Herzegovina    [60]
  Belgium         Self-determination[154][155]  
  Denmark  [28][29]     Self-determination[156]  
  Finland    [157]      
  France  [158][159]        
  Germany   with exceptions[52][160][161]        [162]
  Greece    [62]
  Iceland    [163][164][165]       Self-determination[163][164][165]  [163][164][165]
  Ireland  [166][167]     Self-determination[156]  
  Jersey    [168]
  Luxembourg        [169]  
  Malta   Legislated[citation needed]  [35]       Self-determination[156]  [170]
  Montenegro    [171]              
  Netherlands          
  Norway  [172]       Self-determination[173][174][175]  
  Portugal   Legislated[176][177]         Self-determination[176][177]  
  Serbia    [64]
  Switzerland  [11][178][179][180]     Self-determination[181]  
  United Kingdom  [182][183]     Requires diagnosis of gender dysphoria[184]  

Oceania

Country/jurisdiction Physical integrity and bodily autonomy Anti-discrimination protection Access to identification documents Access to same rights as other men and women Changing M/F identification documents Third gender or sex classifications Ending official classification by sex or gender Sex and gender distinctions Assign infants and children to male or female
  Australia  [185][10]   At federal level[186]   Exemptions regarding sport and female genital mutilation[186]   Policies vary depending on jurisdiction[187]   Requires sexual reassignment surgery and permission from at least 2 medical practitioners within both NSW and QLD only. Appropriate clinical treatment (or just 1 doctors permission) within WA, SA, NT and the ACT. "Self-determination" within TAS and VIC.[188]   (Passports)   Opt in at federal level, state/territory policies vary[187][189]
  New Zealand  [185][190]     Exemptions regarding female genital mutilation[16]   From July 2023, by self-determination[191]   (Passports)   (Third birth certificate may be used if determined at birth[192])


See also

Notes

  1. ^ "Free & Equal Campaign Fact Sheet: Intersex" (PDF). United Nations Office of the High Commissioner for Human Rights. 2015. (PDF) from the original on 4 March 2016. Retrieved 28 March 2016.
  2. ^ a b c Civil Society Coalition on Human Rights and Constitutional Law; Human Rights Awareness and Promotion Forum; Rainbow Health Foundation; Sexual Minorities Uganda; Support Initiative for Persons with Congenital Disorders (2014). . Archived from the original on 2015-05-03. Retrieved 2017-05-14.
  3. ^ a b Grady, Helen; Soy, Anne (May 4, 2017). "The midwife who saved intersex babies". BBC World Service, Kenya. from the original on May 15, 2017. Retrieved June 22, 2018.
  4. ^ a b c Beyond the Boundary - Knowing and Concerns Intersex (October 2015). "Intersex report from Hong Kong China, and for the UN Committee Against Torture: the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment". from the original on 2017-03-26. Retrieved 2017-05-14.
  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. 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. 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. from the original on 12 January 2015. Retrieved 9 February 2015.
  8. ^ a b c "Report of the UN Special Rapporteur on Torture" (PDF). Office of the UN High Commissioner for Human Rights. February 2013. (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. from the original on 2015-07-11. Retrieved 2020-10-05.
  10. ^ a b c d e f Australian Senate Community Affairs Committee (October 2013). "Involuntary or coerced sterilisation of intersex people in Australia". from the original on 2015-09-23.
  11. ^ a b c d e f Swiss National Advisory Commission on Biomedical Ethics NEK-CNE (November 2012). (PDF). 2012. Berne. Archived from the original (PDF) on 2015-04-23. Retrieved 2015-07-19.
  12. ^ a b "German Gender-Assignment Case Has Intersexuals Hopeful". DW.COM. Deutsche Welle. 12 December 2007. from the original on 2015-12-22. Retrieved 2015-12-21.
  13. ^ a b c d e f g h i j k l Council of Europe; Commissioner for Human Rights (April 2015), Human rights and intersex people, Issue Paper, from the original on 2016-01-06, retrieved 2022-03-09
  14. ^ a b c "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. ^ a b c d e "Malta passes law outlawing forced surgical intervention on intersex minors". Star Observer. 2 April 2015. from the original on 14 August 2015. Retrieved 19 July 2015.
  16. ^ a b c d e f g h i Asia Pacific Forum of National Human Rights Institutions (June 2016). Promoting and Protecting Human Rights in relation to Sexual Orientation, Gender Identity and Sex Characteristics. Asia Pacific Forum of National Human Rights Institutions. ISBN 978-0-9942513-7-4. from the original on 2017-01-15. Retrieved 2016-08-29.
  17. ^ Zderic, Stephen (2002). Pediatric gender assignment : a critical reappraisal; [proceedings from a conference ... in Dallas in the spring of 1999 which was entitled "pediatric gender assignment - a critical reappraisal"]. New York, NY [u.a.]: Kluwer Acad. / Plenum Publ. ISBN 978-0306467592.
  18. ^ a b Ghattas, Dan Christian; Heinrich Böll Foundation (September 2013). "Human Rights Between the Sexes" (PDF). (PDF) from the original on 2015-09-23. Retrieved 2015-07-19.
  19. ^ "A preliminary study on the life situations of inter* individuals". OII Europe. 4 November 2013. from the original on 4 July 2015. Retrieved 19 July 2015.
  20. ^ "Submission: list of issues for Australia's Convention Against Torture review". Organisation Intersex International Australia. June 28, 2016. from the original on September 9, 2017. Retrieved September 4, 2016.
  21. ^ ""Intersex legislation" that allows the daily mutilations to continue = PINKWASHING of IGM practices". Zwischengeschlecht. August 28, 2016. from the original on September 19, 2016. Retrieved September 4, 2016.
  22. ^ "TRANSCRIPTION > UK Questioned over Intersex Genital Mutilations by UN Committee on the Rights of the Child - Gov Non-Answer + Denial". Zwischengeschlecht. May 26, 2016. from the original on September 19, 2016. Retrieved September 4, 2016.
  23. ^ a b Odero, Joseph (December 23, 2015). . 76 CRIMES. Archived from the original on 2016-04-25. Retrieved 2016-10-01.
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Bibliography

intersex, human, rights, intersex, people, born, with, characteristics, such, chromosomes, gonads, genitals, that, according, office, high, commissioner, human, rights, typical, binary, notions, male, female, bodies, participants, third, international, interse. 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 Participants at the third International Intersex Forum Malta in December 2013 Intersex people face stigmatisation and discrimination from birth particularly when an intersex variation is visible In some countries particularly in Africa and Asia 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 Volling 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 Contents 1 Intersex and human rights 1 1 Relationship between Intersex and LGBT 2 Physical integrity and bodily autonomy 2 1 Human rights reports 2 2 Constitutional Court of Colombia 2 3 Maltese legislation 2 4 Chilean regulations 2 5 Government of Tamil Nadu Executive Order 2 6 Legal protections in Germany 2021 3 Right to life 4 Protection from discrimination 4 1 Education 4 2 Employment 4 3 Healthcare 4 4 Sport 5 Remedies and compensation claims 5 1 Christiane Volling case Germany 5 2 Benjamin Maricarmen case Chile 5 3 M C v Aaronson case US 5 4 Michaela Raab case Germany 6 Access to information 7 Legal recognition 7 1 Gender identities 7 2 Access to identification documents 7 3 Access to the same rights as other men and women 7 4 Binary categories 8 Intersex rights by jurisdiction 8 1 Africa 8 2 Americas 8 3 Asia 8 4 Europe 8 5 Oceania 9 See also 10 Notes 11 BibliographyIntersex and human rights Edit ILGA conference 2018 group photo to mark Intersex Awareness Day Research indicates a growing consensus that diverse intersex bodies are normal if relatively rare forms of human biology 17 and human rights institutions are placing increasing scrutiny on medical practices and issues of discrimination against intersex people A 2013 first international pilot study Human Rights between the Sexes by Dan Christian Ghattas 18 19 found that intersex people are discriminated against worldwide Intersex individuals are considered individuals with a disorder in all areas in which Western medicine prevails They are more or less obviously treated as sick or abnormal depending on the respective society The Council of Europe highlights several areas of concern Equal right to life and prevention of medical treatments without informed consent including treatments considered unnecessary Removal of Intersex as a curable medical condition but one which can have medical treatments with informed consent Equal treatment under the law including specific legal provision similar to other classes covered Access to information medical records peer and other counselling and support Self determination in gender recognition through expeditious access to official documents 13 Relationship between Intersex and LGBT Edit Main article Intersex and LGBT Multiple organizations have highlighted appeals to LGBT rights recognition that fail to address the issue of unnecessary normalising treatments on intersex children using the portmanteau term pinkwashing In June 2016 Organisation Intersex International Australia pointed to contradictory statements by Australian governments suggesting that the dignity and rights of LGBTI LGBT and intersex people are recognized while at the same time harmful practices on intersex children continue 20 In August 2016 Zwischengeschlecht described actions to promote equality or civil status legislation without action on banning intersex genital mutilations as a form of pinkwashing 21 The organization has previously highlighted evasive government statements to UN Treaty Bodies that conflate intersex transgender and LGBT issues instead of addressing harmful practices on infants 22 Physical integrity and bodily autonomy EditMain article Intersex medical interventions Legal prohibition of non consensual medical interventions Regulatory suspension of non consensual medical interventions Physical integrity and bodily autonomy on intersex not legislated Intersex people face stigmatisation and discrimination from birth In some countries particularly in Africa and Asia 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 Abandonments and infanticides have been reported in Uganda 2 Kenya 23 south Asia 24 and China 4 In 2015 it was reported that an intersex Kenyan adolescent Muhadh Ishmael was mutilated and later died He had previously been described as a curse on his family 23 Non consensual medical interventions to modify the sex characteristics of intersex people take place in all countries where the human rights of intersex people have been explored 18 Such interventions have been criticized by the World Health Organization other UN bodies such as the Office of the High Commissioner for Human Rights and an increasing number of regional and national institutions In low and middle income countries the cost of healthcare may limit access to necessary medical treatment at the same time that other individuals experience coercive medical interventions 4 Several rights have been stated as affected by stigmatization and coercive medical interventions on minors the right to life 13 the right to privacy including a right to personal autonomy or self determination regarding medical treatment 10 11 prohibitions against torture and other cruel inhuman and degrading treatment 8 10 a right to physical integrity 25 and or bodily autonomy 15 26 additionally the best interests of the child may not be served by surgeries aimed at familial and social integration 11 Human rights reports Edit Hong Kong intersex activist Small Luk Further information Intersex human rights reports In recent years Intersex rights have been the subject of reports by several national and international institutions These include the Swiss National Advisory Commission on Biomedical Ethics 2012 11 the UN special rapporteur on torture and other cruel inhuman or degrading treatment or punishment 2013 8 and the Australian Senate 2013 10 In 2015 the Council of Europe the United Nations Office of the United Nations High Commissioner for Human Rights and the World Health Organization also addressed the issue In April 2015 Malta became the first country to outlaw coercive medical interventions 14 15 In the same year the Council of Europe became the first institution to state that intersex people have the right not to undergo sex affirmation interventions 13 For Intersex Awareness Day October 26 UN experts including the Committee against Torture the Committee on the Rights of the Child and the Committee on the Rights of Persons with Disabilities along with the Council of Europe Commissioner for Human Rights the Inter American Commission on Human Rights and United Nations Special Rapporteurs called for an urgent end to human rights violations against intersex persons including in medical settings The experts also called for the investigation of alleged human rights abuses the ability to file claims for compensation and the implementation of anti discrimination measures 27 In countries around the world intersex infants children and adolescents are subjected to medically unnecessary surgeries hormonal treatments and other procedures in an attempt to forcibly change their appearance to be in line with societal expectations about female and male bodies When as is frequently the case these procedures are performed without the full free and informed consent of the person concerned they amount to violations of fundamental human rights States must as a matter of urgency prohibit medically unnecessary surgery and procedures on intersex children They must uphold the autonomy of intersex adults and children and their rights to health to physical and mental integrity to live free from violence and harmful practices and to be free from torture and ill treatment Intersex children and their parents should be provided with support and counselling including from peers 27 In 2017 the human rights non governmental organizations Amnesty International 28 29 and Human Rights Watch 30 31 32 published major reports on the rights of children with intersex conditions Constitutional Court of Colombia Edit Main article Intersex rights in Colombia Although not many cases of children with intersex conditions are available a case taken to the Constitutional Court of Colombia led to changes in their treatment 33 The case restricted the power of doctors and parents to decide surgical procedures on children s ambiguous genitalia after the age of five while continuing to permit interventions on younger children Due to the decision of the Constitutional Court of Colombia on Case 1 Part 1 SU 337 of 1999 doctors are obliged to inform parents on all the aspects of the intersex child Parents can only consent to surgery if they have received accurate information and cannot give consent after the child reaches the age of five By then the child will have supposedly realized their gender identity 34 The court case led to the setting of legal guidelines for doctors surgical practice on intersex children Maltese legislation Edit Main article Intersex rights in Malta In April 2015 Malta became the first country to outlaw non consensual medical interventions in a Gender Identity Gender Expression and Sex Characteristics Act 14 15 The Act recognizes a right to bodily integrity and physical autonomy explicitly prohibiting modifications to children s sex characteristics for social factors 14 1 It shall be unlawful for medical practitioners or other professionals to conduct any sex assignment treatment and or surgical intervention on the sex characteristics of a minor which treatment and or intervention can be deferred until the person to be treated can provide informed consent Provided that such sex assignment treatment and or surgical intervention on the sex characteristics of the minor shall be conducted if the minor gives informed consent through the person exercising parental authority or the tutor of the minor 2 In exceptional circumstances treatment may be effected once agreement is reached between the Interdisciplinary Team and the persons exercising parental authority or tutor of the minor who is still unable to provide consent Provided that medical intervention which is driven by social factors without the consent of the minor will be in violation of this Act 35 The Act was widely welcomed by civil society organizations 26 36 37 Chilean regulations Edit Main article Intersex rights in Chile In January 2016 the Ministry of Health of Chile ordered the suspension of unnecessary normalization treatments for intersex children including irreversible surgery until they reach an age when they can make decisions on their own 38 39 The regulations were superseded in August 2016 40 41 42 Government of Tamil Nadu Executive Order Edit On 22 April 2019 the Madras High Court Madurai Bench passed a landmark judgment 43 and issued direction to ban Sex Selective Surgeries on Intersex Infants based on the works of Gopi Shankar Madurai On August 13 2019 the Government of Tamil Nadu India has issued a Government Order to ban non necessary surgeries on the sex characteristics of babies and children in the Indian state of Tamil Nadu with 77 8 Million people this regulation is exempted in the case of life threatening situations 44 45 46 47 Legal protections in Germany 2021 Edit Main article Intersex rights in Germany A law that provides for a general ban on operations in children and adolescents with variants of gender development Varianten der Geschlechtsentwicklung was passed in the German parliament on March 25 2021 48 49 According to a report in the Deutsches Arzteblatt the law is intended to strengthen the self determined decision making of children and adolescents and avoid possible damage to their health Surgical changes to gender characteristics should only take place even with the consent of the parents if the operation cannot be postponed until age 14 The Federal Chamber of Psychotherapists requires the mandatory participation of a counsellor with experience on intersex in an assessment before a possible intervention 50 While supportive of progress 51 the law that was finally passed was also criticized by the Organisation Intersex International OII Germany OII Europe and Intergeschlechtliche Menschen because of the existence of exceptions 52 53 54 Right to life EditFurther information Genetic diagnosis of intersex Preimplantation genetic diagnosis PGD or PIGD refers to genetic testing of embryos prior to implantation as a form of embryo profiling and sometimes even of oocytes prior to fertilization PGD is considered in a similar fashion to prenatal diagnosis When used to screen for a specific genetic condition the method makes it highly likely that the baby will be free of the condition under consideration PGD thus is an adjunct to assisted reproductive technology and requires in vitro fertilization IVF to obtain oocytes or embryos for evaluation The technology allows discrimination against those with intersex traits Georgiann Davis argues that such discrimination fails to recognize that many people with intersex traits lead full and happy lives 55 Morgan Carpenter highlights the appearance of several intersex variations in a list by the UK Human Fertilisation and Embryology Authority of serious genetic conditions that may be de selected including 5 alpha reductase deficiency and androgen insensitivity syndrome traits evident in elite women athletes and the world s first openly intersex mayor 56 Organisation Intersex International Australia has called for the Australian National Health and Medical Research Council to prohibit such interventions noting a close entanglement of intersex status gender identity and sexual orientation in social understandings of sex and gender norms and in medical and medical sociology literature 57 In 2015 the Council of Europe published an Issue Paper on Human rights and intersex people remarking Intersex people s right to life can be violated in discriminatory sex selection and preimplantation genetic diagnosis other forms of testing and selection for particular characteristics Such de selection or selective abortions are incompatible with ethics and human rights standards due to the discrimination perpetrated against intersex people on the basis of their sex characteristics 13 Protection from discrimination Edit Explicit protection on grounds of sex characteristics Bosnia and Herzegovina Finland Greece Serbia Malta Portugal Norway Iceland the Netherlands Explicit protection on grounds of intersex status Australia Jersey Explicit protection on grounds of intersex within attribute of sex South Africa Germany No explicit protection on grounds Main article Discrimination against intersex people A handful of jurisdictions so far provide explicit protection from discrimination for intersex people South Africa was the first country to explicitly add intersex to legislation as part of the attribute of sex 58 Australia was the first country to add an independent attribute of intersex status 59 Malta was the first to adopt a broader framework of sex characteristics through legislation that also ended modifications to the sex characteristics of minors undertaken for social and cultural reasons 26 Bosnia Herzegovina listed as sex characteristics 60 61 Greece prohibits discrimination and hate crimes based on sex characteristics since 24 December 2015 62 63 Since 2021 Serbia also prohibits discrimination based on sex characteristics 64 Since 2022 Chile bans discrimination based on sex characteristics under Law 21 430 65 Education Edit An Australian survey of 272 persons born with atypical sex characteristics published in 2016 found that 18 of respondents compared to an Australian average of 2 failed to complete secondary school with early school leaving coincident with pubertal medical interventions bullying and other factors 66 Employment Edit A 2015 Australian survey of people born with atypical sex characteristics found high levels of poverty in addition to very high levels of early school leaving and higher than average rates of disability 67 An Employers guide to intersex inclusion published by Pride in Diversity and Organisation Intersex International Australia also discloses cases of discrimination in employment 68 Healthcare Edit Discrimination protection intersects with involuntary and coercive medical treatment Maltese protections on grounds of sex characteristics provides explicit protection against unnecessary and harmful modifications to the sex characteristics of children 15 26 In May 2016 the United States Department of Health and Human Services issued a statement explaining Section 1557 of the Affordable Care Act stating that the Act prohibits discrimination on the basis of intersex traits or atypical sex characteristics in publicly funded healthcare as part of a prohibition of discrimination on the basis of sex 69 Sport Edit Main article Sex verification in sports In 2013 it was disclosed in a medical journal that four unnamed elite female athletes from developing countries were subjected to gonadectomies sterilization and partial clitoridectomies female genital mutilation after testosterone testing revealed that they had an intersex condition 70 71 Testosterone testing was introduced in the wake of the Caster Semenya case of a South African runner subjected to testing due to her appearance and vigor 70 71 72 73 There is no evidence that innate hyperandrogenism in elite women athletes confers an advantage in sport 74 75 While Australia protects intersex persons from discrimination the Act contains an exemption in sport Remedies and compensation claims Edit Intersex activists on a boat at Utrecht Canal Pride on June 16 2018 Compensation claims have been made in a limited number of legal cases Christiane Volling case Germany Edit Main articles Christiane Volling and Intersex rights in Germany In Germany in 2011 Christiane Volling was successful in a case against her medical treatment The surgeon was ordered to pay 100 000 in compensatory damages 76 77 after a legal battle that began in 2007 thirty years after the removal of her reproductive organs 12 78 Benjamin Maricarmen case Chile Edit Further information Intersex rights in Chile On August 12 2005 the mother of a child Benjamin filed a lawsuit against the Maule Health Service after the child s male gonads and reproductive system were removed without informing the parents of the nature of the surgery The child had been raised as a girl The claim for compensatory damages was initiated in the Fourth Court of Letters of Talca and ended up in the Supreme Court of Chile On November 14 2012 the Court sentenced the Maule Health Service for lack of service and to pay compensation of 100 million pesos for moral and psychological damages caused to Benjamin and another 5 million for each of the parents 79 80 M C v Aaronson case US Edit Further information Intersex rights in the United States In the United States the M C v Aaronson case advanced by interACT with the Southern Poverty Law Center was brought before the courts in 2013 81 82 83 In 2015 the Court of Appeals for the Fourth Circuit dismissed the case stating that it did not mean to diminish the severe harm that M C claims to have suffered but that a reasonable official in 2006 did not have fair warning from then existing precedent that performing sex assignment surgery on sixteen month old M C violated a clearly established constitutional right 84 85 In July 2017 it was reported that the case had been settled out of court by the Medical University of South Carolina for 440 000 without admission of liability 86 Michaela Raab case Germany Edit Further information Intersex rights in Germany In 2015 Michaela Raab filed suit against doctors in Nuremberg Germany for failing to properly advise her Doctors stated that they were only acting according to the norms of the time which sought to protect patients against the psychosocial effects of learning the full truth about their chromosomes 77 On 17 December 2015 the Nuremberg State Court ruled that the University of Erlangen Nuremberg Clinic pay damages and compensation 87 Access to information Edit They should never be told 88 Licence to Lie Androgen insensitivity syndrome treatment standards in 1963 With the rise of modern medical science in Western societies many intersex people with ambiguous external genitalia have had their genitalia surgically modified to resemble either female or male genitals Surgeons pinpointed the birth of intersex babies as a social emergency 89 A secrecy based model was also adopted in the belief that this was necessary to ensure normal physical and psychosocial development 11 90 91 Disclosure also included telling people that they would never meet anyone else with the same condition 10 Access to medical records has also historically been challenging 13 Yet the ability to provide free informed consent depends on the availability of information The Council of Europe 13 and World Health Organization 92 acknowledge the necessity for improvements in information provision including access to medical records Some intersex organizations claim that secrecy based models have been perpetuated by a shift in clinical language to disorders of sex development Morgan Carpenter of Organisation Intersex International Australia quotes the work of Miranda Fricker on hermeneutical injustice where despite new legal protections from discrimination on grounds of intersex status someone with lived experience is unable to even make sense of their own social experiences due to the deployment of clinical language and no words to name the experience 93 Legal recognition EditMain article Legal recognition of intersex people According to the Asia Pacific Forum of National Human Rights Institutions few countries have provided for the legal recognition of intersex people The Forum states that the legal recognition of intersex people is firstly about access to the same rights as other men and women when assigned male or female secondly it is about access to administrative corrections to legal documents when an original sex assignment is not appropriate and thirdly while opt in schemes may help some individuals legal recognition is not about the creation of a third sex or gender classification for intersex people as a population but instead is about enabling an opt in scheme for any individual who seeks it 16 In some jurisdictions access to any form of identification document can be an issue 94 Gender identities Edit Like all individuals some intersex individuals may be raised as a particular sex male or female but then identify with another later in life while most do not 95 96 97 Like non intersex people some intersex individuals may not identify themselves as either exclusively female or exclusively male A 2012 clinical review suggests that between 8 5 20 of persons with intersex conditions may experience gender dysphoria 98 while sociological research in Australia a country with a third X sex classification shows that 19 of people born with atypical sex characteristics selected an X or other option while 52 are women 23 men and 6 unsure 67 99 Access to identification documents Edit Depending on the jurisdiction access to any birth certificate may be an issue 94 including a birth certificate with a sex marker 100 In 2014 in the case of Baby A Suing through her Mother E A amp another v Attorney General amp 6 others 2014 a Kenyan court ordered the Kenyan government to issue a birth certificate to a five year old child born in 2009 with ambiguous genitalia 101 In Kenya a birth certificate is necessary for attending school getting a national identity document and voting 101 Many intersex persons in Uganda are understood to be stateless due to historical difficulties in obtaining identification documents despite a birth registration law that permits intersex minors to change assignment 102 Access to the same rights as other men and women Edit The Asia Pacific Forum of National Human Rights Institutions states that Recognition before the law means having legal personhood and the legal protections that flow from that For intersex people this is neither primarily nor solely about amending birth registrations or other official documents Firstly it is about intersex people who have been issued a male or a female birth certificate being able to enjoy the same legal rights as other men and women 16 Binary categories Edit Access to a birth certificate with a correct sex marker may be an issue for people who do not identify with their sex assigned at birth 13 or it may only be available accompanied by surgical requirements 16 The passports and identification documents of Australia and some other nationalities have adopted X as a valid third category besides M male and F female at least since 2003 103 104 In 2013 Germany became the first European nation to allow babies with characteristics of both sexes to be registered as indeterminate gender on birth certificates amidst opposition and skepticism from intersex organisations who point out that the law appears to mandate exclusion from male or female categories 105 106 The Council of Europe acknowledged this approach and concerns about recognition of third and blank classifications in a 2015 Issue Paper stating that these may lead to forced outings and lead to an increase in pressure on parents of intersex children to decide in favour of one sex 13 The Issue Paper argues that further reflection on non binary legal identification is necessary Mauro Cabral Global Action for Trans Equality GATE Co Director indicated that any recognition outside the F M dichotomy needs to be adequately planned and executed with a human rights point of view noting that People tend to identify a third sex with freedom from the gender binary but that is not necessarily the case If only trans and or intersex people can access that third category or if they are compulsively assigned a third sex then the gender binary gets stronger not weaker 13 Intersex rights by jurisdiction EditFurther information Discrimination against intersex people and Legal recognition of intersex people Read country specific pages on intersex rights via the links on the country name where available Africa Edit Country jurisdiction Physical integrity and bodily autonomy Anti discrimination protection Access to identification documents Access to same rights as other men and women Changing M F identification documents Third gender or sex classifications Ending official classification by sex or gender Sex and gender distinctions Assign infants and children to male or female Kenya Since 2022 107 108 94 Since 2022 109 South Africa 110 111 58 112 Subject to medical and social reports Uganda 113 114 115 Americas Edit Country jurisdiction Physical integrity and bodily autonomy Anti discrimination protection Access to identification documents Access to same rights as other men and women Changing M F identification documents Third gender or sex classifications Ending official classification by sex or gender Sex and gender distinctions Assign infants and children to male or female Argentina 116 Self determination 117 Since July 2021 gender X became available and implemented 118 Chile 119 65 120 121 Self determination 122 122 Colombia No but restricted in children aged over 5 Self determination Mexico 123 124 125 124 124 United States 126 Partial in healthcare 127 Laws on female genital mutilation not enforced 126 Opt in only for Washington D C California New York City Ohio with a court order only New Mexico 128 Nevada 129 Oregon Utah with a court order only 130 Washington State New Jersey 131 and Colorado 132 133 134 135 In October 2021 the very first US Passport with a gender X was issued by a court order for an individual From April 11 2022 gender X becomes officially available and recognised for any validly issued US Passport holder 136 137 138 Uruguay 139 140 Self determination 141 Asia Edit Country jurisdiction Physical integrity and bodily autonomy Anti discrimination protection Access to identification documents Access to same rights as other men and women Changing M F identification documents Third gender or sex classifications Ending official classification by sex or gender Sex and gender distinctions Assign infants and children to male or female Bangladesh 142 citation needed 142 citation needed China 143 144 145 India 44 45 46 47 146 44 44 44 147 147 Japan Requires surgery 16 Nepal 148 149 148 Pakistan 150 Self determination 150 150 South Korea citation needed Thailand Requires surgery 16 Vietnam Requires surgery 16 Europe Edit Country jurisdiction Physical integrity and bodily autonomy Anti discrimination protection Access to identification documents Access to same rights as other men and women Changing M F identification documents Third gender or sex classifications Ending official classification by sex or gender Sex and gender distinctions Assign infants and children to male or female Albania 151 152 Austria 153 Bosnia and Herzegovina 60 Belgium Self determination 154 155 Denmark 28 29 Self determination 156 Finland 157 France 158 159 Germany with exceptions 52 160 161 162 Greece 62 Iceland 163 164 165 Self determination 163 164 165 163 164 165 Ireland 166 167 Self determination 156 Jersey 168 Luxembourg 169 Malta Legislated citation needed 35 Self determination 156 170 Montenegro 171 Netherlands Norway 172 Self determination 173 174 175 Portugal Legislated 176 177 Self determination 176 177 Serbia 64 Switzerland 11 178 179 180 Self determination 181 United Kingdom 182 183 Requires diagnosis of gender dysphoria 184 Oceania Edit Country jurisdiction Physical integrity and bodily autonomy Anti discrimination protection Access to identification documents Access to same rights as other men and women Changing M F identification documents Third gender or sex classifications Ending official classification by sex or gender Sex and gender distinctions Assign infants and children to male or female Australia 185 10 At federal level 186 Exemptions regarding sport and female genital mutilation 186 Policies vary depending on jurisdiction 187 Requires sexual reassignment surgery and permission from at least 2 medical practitioners within both NSW and QLD only Appropriate clinical treatment or just 1 doctors permission within WA SA NT and the ACT Self determination within TAS and VIC 188 Passports Opt in at federal level state territory policies vary 187 189 New Zealand 185 190 Exemptions regarding female genital mutilation 16 From July 2023 by self determination 191 Passports Third birth certificate may be used if determined at birth 192 See also EditIntersex Awareness Day Intersex people and military service Intersex human rights reports Intersex medical interventions Discrimination against intersex people Legal recognition of intersex peopleNotes Edit Free amp 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 a b c Civil Society Coalition on Human Rights and Constitutional Law Human Rights Awareness and Promotion Forum Rainbow Health Foundation Sexual Minorities Uganda Support Initiative for Persons with Congenital Disorders 2014 Uganda Report of Violations based on Sex Determination Gender Identity and Sexual Orientation Archived from the original on 2015 05 03 Retrieved 2017 05 14 a b Grady Helen Soy Anne May 4 2017 The midwife who saved intersex babies BBC World Service Kenya Archived from the original on May 15 2017 Retrieved June 22 2018 a b c Beyond the Boundary Knowing and Concerns Intersex October 2015 Intersex report from Hong Kong China and for the UN Committee Against Torture the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment Archived from the original on 2017 03 26 Retrieved 2017 05 14 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 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