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Intersex human rights

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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]

Intersex 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

[edit]
Main 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 November 2023, through Circular No. 15 of the Ministry of Health, unnecessary and non-consensual surgeries, procedures or medical treatments on intersex newborns, children and adolescents are prohibited.[38]

In January 2016, the Ministry of Health of Chile ordered through Circular No. 18 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.[39][40] The regulations were superseded in August 2016 by Circular No. 07.[41][42][43] Circulars 18/2015 and 07/2016 were annulled by Circular 15/2023.

Indian State of Tamil Nadu

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On 22 April 2019 the Madras High Court (Madurai Bench) passed a landmark judgment[44] 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.[45][46][47][48]

[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.[49][50] 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.[51] While supportive of progress,[52] 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.[53][54][55]

Right to life

[edit]
Further 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.[56] 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".[57] 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".[58]

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".[59] Australia was the first country to add an independent attribute, of "intersex status".[60] 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"[61][62] Greece prohibits discrimination and hate crimes based on "sex characteristics", since 24 December 2015.[63][64] Since 2021, Serbia also prohibits discrimination based on "sex characteristics".[65] Since 2022, Chile bans discrimination based on "sex characteristics" under Law 21,430.[66]

Education

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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.[67]

Employment

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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.[68] An Employers guide to intersex inclusion published by Pride in Diversity and Organisation Intersex International Australia also discloses cases of discrimination in employment.[69]

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".[70]

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.[71][72] 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.[71][72][73][74] There is no evidence that innate hyperandrogenism in elite women athletes confers an advantage in sport.[75][76] 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 Völling case, Germany

[edit]
Main articles: Christiane Völling and Intersex rights in 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[77][78] after a legal battle that began in 2007, thirty years after the removal of her reproductive organs.[12][79]

Benjamín-Maricarmen case, Chile

[edit]
Further information: Intersex rights in 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.[80][81]

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.[82][83][84] 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."[85][86] 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.[87]

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."[78] On 17 December 2015, the Nuremberg State Court ruled that the University of Erlangen-Nuremberg Clinic pay damages and compensation.[88]

Access to information

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"They should never be told ... "[89] 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".[90] A secrecy-based model was also adopted, in the belief that this was necessary to ensure “normal” physical and psychosocial development.[11][91][92] 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[93] 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".[94]

[edit]
Main 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.[95]

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.[96][97][98] 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,[99] 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.[68][100]

Access to identification documents

[edit]

Depending on the jurisdiction, access to any birth certificate may be an issue,[95] including a birth certificate with a sex marker.[101]

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.[102] In Kenya a birth certificate is necessary for attending school, getting a national identity document, and voting.[102] 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.[103]

Access to the same rights as other men and women

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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.[104][105] 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.[106][107] 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

[edit]
Further 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 Kenya Since 2022Yes[108][109] No Yes[95] Since 2022Yes[110]
South Africa South Africa No[111][112] Yes[59] Yes Yes[113] Yes Subject to medical and social reports
Uganda Uganda No[114][115] No Yes[116]

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 Argentina No[117] No Yes Self-determination[118] Yes Since July 2021, gender X became available and implemented[119]
Canada Canada No[120] No Yes Yes Self-determination Yes
Chile Chile Yes[121][122] Yes[66][123][124] Yes Yes Self-determination[125] Yes[125]
Colombia Colombia No No, but restricted in children aged over 5. No Yes Self-determination
Mexico Mexico No[126][127][128] No[127] Yes Since May 2023, a gender X option formally became available on Passports within Mexico - alongside male and female options.[129][130]
United States United States No[131] Partial, in healthcare[132] No Laws on female genital mutilation not enforced[131] Yes/No Opt in only for Washington D.C., California, New York City, Ohio (with a court order only), New Mexico,[133] Nevada,[134] Oregon, Utah (with a court order only),[135] Washington State, New Jersey,[136] Colorado, and Michigan.[137][138][139][140] 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.[141][142][143]
Uruguay Uruguay Yes[144][145] Yes Self-determination Yes[146]

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 Bangladesh No No [147][citation needed] Yes[147][citation needed]
China China No[148][149] No[150]
India India No No Yes[151] Yes[151]
Japan Japan No No Warning Requires surgery[16]
Nepal Nepal No No Yes[152][153] Yes[152]
Pakistan Pakistan No Yes[154] Yes Self-determination[154] Yes[154]
South Korea South Korea No No Yes[citation needed]
Thailand Thailand No No Warning Requires surgery[16]
Vietnam Vietnam No No Warning 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 Albania Yes[155] Yes[156]
Austria Austria Yes[157]
Bosnia and Herzegovina Bosnia and Herzegovina No Yes[61]
Belgium Belgium Yes Self-determination[158][159]
Denmark Denmark No[28][29] No Yes Self-determination[160] No
Finland Finland No Yes[161] No
France France No[162][163] No No
Germany Germany Yes with exceptions[53][164][165] No Yes[166]
Greece Greece No Yes[63]
Iceland Iceland No Yes[167][168][169] Yes Self-determination[167][168][169] Yes[167][168][169]
Republic of Ireland Ireland No[170][171] No Yes Self-determination[160] No
Jersey Jersey No Yes[172]
Luxembourg Luxembourg Yes[173]
Malta Malta Yes Legislated[citation needed] Yes[35] Yes Yes Yes Self-determination[160] Yes[174]
Montenegro Montenegro No Yes[175] No No No No No No No
Netherlands Netherlands Yes
Norway Norway No[176] Yes Self-determination[177][178][179]
Portugal Portugal No Legislated[180][181] Yes Yes Yes Yes Self-determination[180][181] Yes
Serbia Serbia No Yes[65]
Switzerland Switzerland No[11][182][183][184] No Yes Self-determination[185] No
United Kingdom United Kingdom No[186][187] No No Requires diagnosis of gender dysphoria[188] No

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 Australia No[189][10] Yes At federal level[190] No Exemptions regarding sport and female genital mutilation[190] Yes Policies vary depending on jurisdiction[191] Warning 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.[192] Yes (Passports) Yes Opt in at federal level, state/territory policies vary[191][193]
New Zealand New Zealand No[189][194] No No Exemptions regarding female genital mutilation[16] Yes From July 2023, by self-determination[195] Yes (Passports) Warning (Third birth certificate may be used if determined at birth[196])


See also

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Notes

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  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. ^ 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.
  3. ^ 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.
  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". Archived 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. 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. ^ a b c "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. ^ a b c d e f Australian Senate Community Affairs Committee (October 2013). "Involuntary or coerced sterilisation of intersex people in Australia". Archived 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). On the management of differences of sex development. Ethical issues relating to "intersexuality".Opinion No. 20/2012 (PDF). Berne. Archived from the original (PDF) on 2015-04-23. Retrieved 2015-07-19.{{cite book}}: CS1 maint: location missing publisher (link)
  12. ^ a b "German Gender-Assignment Case Has Intersexuals Hopeful". DW.COM. Deutsche Welle. 12 December 2007. Archived 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, archived 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. Archived 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. Archived 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). Archived (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. Archived 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. Archived 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. Archived 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. Archived from the original on September 19, 2016. Retrieved September 4, 2016.
  23. ^ a b Odero, Joseph (December 23, 2015). "Intersex in Kenya: Held captive, beaten, hacked. Dead". 76 CRIMES. Archived from the original on 2016-04-25. Retrieved 2016-10-01.
  24. ^ Warne, Garry L.; Raza, Jamal (September 2008). "Disorders of sex development (DSDs), their presentation and management in different cultures". Reviews in Endocrine and Metabolic Disorders. 9 (3): 227–236. CiteSeerX 10.1.1.469.9016. doi:10.1007/s11154-008-9084-2. ISSN 1389-9155. PMID 18633712. S2CID 8897416.
  25. ^ United Nations; Committee on the Rights of Persons with Disabilities (April 17, 2015). Concluding observations on the initial report of Germany (advance unedited version). Geneva: United Nations. Archived from the original on July 22, 2015. Retrieved July 19, 2015.
  26. ^ a b c d Cabral, Mauro (April 8, 2015). "Making depathologization a matter of law. A comment from GATE on the Maltese Act on Gender Identity, Gender Expression and Sex Characteristics". Global Action for Trans Equality. Archived from the original on July 4, 2015. Retrieved 2015-07-03.
  27. ^ a b Office of the High Commissioner for Human Rights (October 24, 2016), End violence and harmful medical practices on intersex children and adults, UN and regional experts urge, archived from the original on November 21, 2016, retrieved July 28, 2017
  28. ^ a b Amnesty International (2017). First, Do No Harm. Archived from the original on 2017-05-17. Retrieved 2017-05-15.
  29. ^ a b Amnesty International (2017). "First, Do No Harm: ensuring the rights of children born intersex". Archived from the original on 2017-05-11. Retrieved 2017-05-13.
  30. ^ Human Rights Watch; interACT (July 2017). I Want to Be Like Nature Made Me. Human Rights Watch. ISBN 978-1-62313-502-7. Archived from the original on 2017-10-05. Retrieved 2017-07-28.
  31. ^ Stewart, Philippa (2017-07-25). "Interview: Intersex Babies Don't Need 'Fixing'". Human Rights Watch. Archived from the original on 2017-08-03. Retrieved 2017-07-25.
  32. ^ Human Rights Watch (2017-07-25). "US: Harmful Surgery on Intersex Children". Human Rights Watch. Archived from the original on 2019-04-26. Retrieved 2017-07-25.
  33. ^ Curtis, Skyler (2010–2011). "Reproductive Organs and Differences of Sex Development: The Constitutional Issues Created by the Surgical Treatment of Intersex Children". McGeorge Law Review. 42: 863. Archived from the original on 18 December 2014. Retrieved 15 November 2012.
  34. ^ "Corte Constitucional de Colombia: Sentencia T-1025/02". Archived from the original on 20 February 2013. Retrieved 2 December 2012.
  35. ^ a b Malta (April 2015), Gender Identity, Gender Expression and Sex Characteristics Act: Final version, archived from the original on 2015-07-05, retrieved 2015-07-19
  36. ^ "OII-Europe applauds Malta's Gender Identity, Gender Expression and Sex Characteristics Act. This is a landmark case for intersex rights within European law reform". OII Europe. April 1, 2015. Archived from the original on 2015-05-22. Retrieved 2015-07-03.
  37. ^ Carpenter, Morgan (April 2, 2015). "We celebrate Maltese protections for intersex people". Organisation Intersex International Australia. Archived from the original on 2015-07-04. Retrieved 2015-07-03.
  38. ^ "Circular No. 15/2023" (PDF). diprece.minsal.cl (in Spanish). 7 November 2023. Retrieved 8 December 2023.
  39. ^ "Chilean Government Stops the 'Normalization' of Intersex Children". OutRight Action International. January 14, 2016. Archived from the original on April 18, 2019. Retrieved February 2, 2016.
  40. ^ "Chilean Ministry of Health issues instructions stopping "normalising" interventions on intersex children". Organisation Intersex International Australia. 11 January 2016. Archived from the original on 10 March 2017. Retrieved 3 January 2017.
  41. ^ Inter, Laura; Aoi, Hana (June 15, 2017). "Circular 7 de 2016: Un paso atrás en la lucha por los Derechos Humanos de las personas intersexuales en Chile. Por Laura Inter y Hana Aoi". Brújula Intersexual. Archived from the original on 2017-07-30. Retrieved 2017-07-09.
  42. ^ Godoy, Camilo (June 18, 2017). "¿Cómo nace la Circular 7 del Ministerio de Salud de Chile? Por Camilo Godoy". Brújula Intersexual. Archived from the original on 2017-07-30. Retrieved 2017-07-09.
  43. ^ Inter, Laura; Aoi, Hana (June 2017). "Circular 7 De 2016: Un Paso Atrás En La Lucha Por Los Derechos Humanos De Las Personas Intersexuales En Chile" (PDF). Brújula Intersexual. Archived (PDF) from the original on 2017-07-30. Retrieved 2017-07-28.
  44. ^ ""Transwoman A 'Bride' Under Hindu Marriage Act": Madras HC; Also Bans Sex Re-Assignment Surgeries On Intersex Children [Read Judgment]". 23 April 2019. Archived from the original on 2019-07-12. Retrieved 2019-04-24.
  45. ^ "Indian State Bans Unnecessary Surgery on Intersex Children - Human Rights Watch". 29 August 2019. Archived from the original on 2021-01-20. Retrieved 2019-08-30.
  46. ^ ""Ban sex reassignment surgeries on intersex infants Madras High Court tells Tamil Nadu Govt" - The News Minute". 23 April 2019. Archived from the original on 2019-04-23. Retrieved 2019-04-24.
  47. ^ "Ruling on intersex infants: Madurai activist comes in for praise by High Court". The Times of India. 24 April 2019. Archived from the original on 2019-05-09. Retrieved 2019-04-24.
  48. ^ "Indian Court Decides In Favor of Informed Consent Rights for Intersex People - Human Rights Watch". 29 April 2019. Archived from the original on 2021-01-19. Retrieved 2019-07-15.
  49. ^ "Schutz von Kindern mit Varianten der Geschlechtsentwicklung". Deutscher Bundestag (in German). Archived from the original on May 11, 2021. Retrieved April 29, 2021.
  50. ^ "Gesetz zum Schutz von Kindern mit Varianten der Geschlechtsentwicklung". Deutscher Bundestag (in German). Archived from the original on April 27, 2021. Retrieved April 29, 2021.
  51. ^ Bühring, Petra (February 20, 2021). "Intersexuelle Kinder: Recht zur Selbstbestimmung". aerzteblatt.de (in German). Archived from the original on March 9, 2022. Retrieved April 29, 2021.
  52. ^ "A good first step: Germany adopts law banning IGM. But there is still room for improvement". OII Europe. March 30, 2021. Archived from the original on March 31, 2021. Retrieved April 4, 2021.
  53. ^ a b Intergeschlechtliche Menschen (March 26, 2021). "Bundestag verabschiedet Gesetz zum Schutz von Kindern mit Varianten der Geschle". Archived from the original on March 26, 2021. Retrieved April 4, 2021.
  54. ^ "Stellungnahme IVIM - OII Germany zum Gesetzentwurf der Bundesregierung "Entwurf eines Gesetzes zum Schutz von Kindern mit Varianten der Geschlechtsentwicklung"" (PDF) (in German). September 23, 2020. Archived (PDF) from the original on August 11, 2021. Retrieved April 29, 2021.
  55. ^ "Presseerklärung Internationale Vereinigung Intergeschlechtlicher Menschen" (PDF). OII Germany (in German). March 26, 2021. Archived (PDF) from the original on May 8, 2021. Retrieved April 29, 2021.
  56. ^ Davis, Georgiann (October 2013). "The Social Costs of Preempting Intersex Traits". The American Journal of Bioethics. 13 (10): 51–53. doi:10.1080/15265161.2013.828119. ISSN 1526-5161. PMID 24024811. S2CID 7331095.
  57. ^ Carpenter, Morgan (July 18, 2014). "Morgan Carpenter at LGBTI Human Rights in the Commonwealth conference". Glasgow. Archived from the original on September 12, 2014. Retrieved April 29, 2021.
  58. ^ Carpenter, Morgan; Organisation Intersex International Australia (April 30, 2014). Submission on the Review of Part B of the Ethical Guidelines for the Use of Assisted Reproductive Technology in Clinical Practice and Research, 2007 (Report). Sydney: Organisation Intersex International Australia. Archived from the original on October 6, 2014. Retrieved September 13, 2015.
  59. ^ a b "Judicial Matters Amendment Act, No. 22 of 2005, Republic of South Africa, Vol. 487, Cape Town" (PDF). 11 January 2006. Archived from the original (PDF) on 18 October 2017. Retrieved 22 July 2015.
  60. ^ "Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013, No. 98, 2013, C2013A00098". ComLaw. 2013. Archived from the original on 2014-10-06. Retrieved 2015-07-19.
  61. ^ a b "Anti-discrimination Law Updated in Bosnia-Herzegovina". ILGA-Europe. Archived from the original on 2016-08-08. Retrieved 2016-08-02.
  62. ^ "LGBTI people are now better protected in Bosnia and Herzegovina". Archived from the original on 2016-08-26. Retrieved 2016-08-02.
  63. ^ a b ΝΟΜΟΣ ΥΠ' ΑΡΙΘ. 3456 Σύμφωνο συμβίωσης, άσκηση δικαιωμάτων, ποινικές και άλλες διατάξεις [LAW NO. 3456 Cohabitation, exercise of rights, criminal and other provisions] (PDF) (in Greek). Archived from the original (PDF) on 2018-06-19. Retrieved 2018-04-29.
  64. ^ Πρώτη φορά, ίσοι απέναντι στον νόμο (in Greek). 2015-12-23. Archived from the original on 2017-10-25. Retrieved 2016-03-14.
  65. ^ a b "Napokon vidljivi" [Finally visible]. XY Spectrum (in Serbian). 2021-05-27. Archived from the original on 2021-06-16. Retrieved 2021-07-29.
  66. ^ a b "Law No. 21,430 on Guarantees and Comprehensive protection of the Rights of Childrent and Adolescents" (PDF) (in Spanish). Retrieved 15 March 2022.
  67. ^ Jones, Tiffany (March 11, 2016). "The needs of students with intersex variations". Sex Education. 16 (6): 602–618. doi:10.1080/14681811.2016.1149808. ISSN 1468-1811. S2CID 74173324.
  68. ^ a b Jones, Tiffany; Hart, Bonnie; Carpenter, Morgan; Ansara, Gavi; Leonard, William; Lucke, Jayne (February 2016). Intersex: Stories and Statistics from Australia (PDF). Cambridge, UK: Open Book Publishers. ISBN 978-1-78374-208-0. Archived from the original (PDF) on 2016-09-14. Retrieved 2016-02-02.
  69. ^ Carpenter, Morgan; Hough, Dawn (2014). Employers' Guide to Intersex Inclusion. Sydney, Australia: Pride in Diversity and Organisation Intersex International Australia. ISBN 978-0-646-92905-7. Archived from the original on 2016-04-25. Retrieved 2016-05-30.
  70. ^ interACT (23 May 2016). "Federal Government Bans Discrimination Against Intersex People in Health Care". interactadvocates. Archived from the original on 2016-05-28. Retrieved 2016-05-27.
  71. ^ a b Fénichel, Patrick; Paris, Françoise; Philibert, Pascal; Hiéronimus, Sylvie; Gaspari, Laura; Kurzenne, Jean-Yves; Chevallier, Patrick; Bermon, Stéphane; Chevalier, Nicolas; Sultan, Charles (June 2013). "Molecular Diagnosis of 5α-Reductase Deficiency in 4 Elite Young Female Athletes Through Hormonal Screening for Hyperandrogenism". The Journal of Clinical Endocrinology & Metabolism. 98 (6): –1055–E1059. doi:10.1210/jc.2012-3893. ISSN 0021-972X. PMID 23633205.
  72. ^ a b Jordan-Young, R. M.; Sonksen, P. H.; Karkazis, K. (April 2014). "Sex, health, and athletes". BMJ. 348 (apr28 9): –2926–g2926. doi:10.1136/bmj.g2926. ISSN 1756-1833. PMID 24776640. S2CID 2198650.
  73. ^ "Semenya told to take gender test". BBC Sport. 19 August 2009. Archived from the original on 5 September 2017. Retrieved 19 August 2009.
  74. ^ "A Lab is Set to Test the Gender of Some Female Athletes". New York Times. 30 July 2008. Archived from the original on 6 May 2021. Retrieved 22 February 2017.
  75. ^ Bermon, Stéphane; Garnier, Pierre Yves; Lindén Hirschberg, Angelica; Robinson, Neil; Giraud, Sylvain; Nicoli, Raul; Baume, Norbert; Saugy, Martial; Fénichel, Patrick; Bruce, Stephen J.; Henry, Hugues; Dollé, Gabriel; Ritzen, Martin (August 2014). "Serum Androgen Levels in Elite Female Athletes". The Journal of Clinical Endocrinology & Metabolism. 99 (11): –2014–1391. doi:10.1210/jc.2014-1391. ISSN 0021-972X. PMID 25137421.
  76. ^ Branch, John (27 July 2016). "Dutee Chand, Female Sprinter With High Testosterone Level, Wins Right to Compete". The New York Times. Archived from the original on 14 August 2016. Retrieved 22 May 2016.
  77. ^ Zwischengeschlecht (August 12, 2009). "Christiane Völling: Hermaphrodite wins damage claim over removal of reproductive organs". Archived from the original on 2015-07-05. Retrieved 2015-07-20.
  78. ^ a b The Local (February 27, 2015). "Intersex person sues clinic for unnecessary op". Archived from the original on 2015-12-14. Retrieved 2015-12-21.
  79. ^ "Christiane Völling". German Ethics Council. August 2010. Archived from the original on 2016-03-04. Retrieved 2015-12-21.
  80. ^ "Condenan al H. de Talca por error al determinar sexo de bebé". diario.latercera.com (in Spanish). Archived from the original on 24 November 2012. Retrieved 15 February 2017.
  81. ^ García, Gabriela (2013-06-20). "Identidad forzada". www.paula.cl (in Spanish). Archived from the original on 2017-02-15. Retrieved 2017-02-15.
  82. ^ Southern Poverty Law Center (May 14, 2013). "Groundbreaking SLPC Lawsuit Accuses South Carolina Doctors and Hospitals of Unnecessary Surgery on Infant". Archived from the original on 2015-07-13. Retrieved 2015-07-20.
  83. ^ Reis, Elizabeth (May 17, 2013). "Do No Harm: Intersex Surgeries and the Limits of Certainty". Nursing Clio. Archived from the original on 2018-12-03. Retrieved 2015-07-20.
  84. ^ Dreger, Alice (May 16, 2013). "When to Do Surgery on a Child With 'Both' Genitalia". The Atlantic. Archived from the original on 2019-04-28. Retrieved 2015-07-20.
  85. ^ Largent, Emily (March 5, 2015). "M.C. v. Aaronson". Petrie-Flom Center, Harvard Law. Archived from the original on February 18, 2017. Retrieved February 18, 2017.
  86. ^ interACT (January 27, 2015). "Update on M.C.'s Case – The Road to Justice can be Long, but there is more than one path for M.C." Archived from the original on 2017-02-19. Retrieved 2017-02-18.
  87. ^ Ghorayshi, Azeen (July 27, 2017). "A Landmark Lawsuit About An Intersex Baby's Genital Surgery Just Settled For $440,000". BuzzFeed. Archived from the original on 2017-07-27. Retrieved 2017-07-27.
  88. ^ Zwischengeschlecht (December 17, 2015). "Nuremberg Hermaphrodite Lawsuit: Michaela "Micha" Raab Wins Damages and Compensation for Intersex Genital Mutilations!". Archived from the original on 2016-05-11. Retrieved 2015-12-21.
  89. ^ Hauser, G.A. (1963). Testicular Feminization. In: Intersexuality. London and New York: Academic Press. p. 273.
  90. ^ Coran, Arnold G.; Polley, Theodore Z. (July 1991). "Surgical management of ambiguous genitalia in the infant and child". Journal of Pediatric Surgery. 26 (7): 812–820. CiteSeerX 10.1.1.628.4867. doi:10.1016/0022-3468(91)90146-K. PMID 1895191.
  91. ^ Holmes, Morgan. "Is Growing up in Silence Better Than Growing up Different?". Intersex Society of North America. Archived from the original on 2016-03-05. Retrieved 2015-07-21.
  92. ^ Intersex Society of North America. "What's wrong with the way intersex has traditionally been treated?". Archived from the original on 2014-06-26. Retrieved 2015-07-21.
  93. ^ World Health Organization (2015). Sexual health, human rights and the law. Geneva: World Health Organization. ISBN 9789241564984.
  94. ^ Carpenter, Morgan (February 3, 2015). Intersex and ageing. Organisation Intersex International Australia. Archived from the original on April 13, 2015. Retrieved July 21, 2015.
  95. ^ a b c "Kenya takes step toward recognizing intersex people in landmark ruling". Reuters. 2014-12-05. Archived from the original on 2015-09-24. Retrieved 2021-07-05.
  96. ^ Money, John; Ehrhardt, Anke A. (1972). Man & Woman Boy & Girl. Differentiation and dimorphism of gender identity from conception to maturity. US: The Johns Hopkins University Press. ISBN 978-0-8018-1405-1.
  97. ^ Domurat Dreger, Alice (2001). Hermaphrodites and the Medical Invention of Sex. US: Harvard University Press. ISBN 978-0-674-00189-3.
  98. ^ Marañón, Gregorio (1929). Los estados intersexuales en la especie humana. Madrid: Morata.
  99. ^ Furtado P. S.; et al. (2012). "Gender dysphoria associated with disorders of sex development". Nat. Rev. Urol. 9 (11): 620–627. doi:10.1038/nrurol.2012.182. PMID 23045263. S2CID 22294512.
  100. ^ Organisation Intersex International Australia (July 28, 2016), Demographics, archived from the original on 2016-10-01, retrieved 2016-09-30
  101. ^ Viloria, Hida (November 6, 2013). "Op-ed: Germany's Third-Gender Law Fails on Equality". The Advocate. Archived from the original on March 9, 2022. Retrieved March 9, 2022.
  102. ^ a b Migiro, Katy. "Kenya takes step toward recognizing intersex people in landmark ruling". Reuters. Archived from the original on 2015-09-24. Retrieved 2021-07-05.
  103. ^ Support Initiative for Persons with Congenital Disorders (2016), Baseline Survey on Intersex Realities in East Africa - Specific Focus on Uganda, Kenya and Rwanda
  104. ^ Holme, Ingrid (2008). "Hearing People's Own Stories". Science as Culture. 17 (3): 341–344. doi:10.1080/09505430802280784. S2CID 143528047.
  105. ^ "New Zealand Passports - Information about Changing Sex / Gender Identity". Archived from the original on 23 September 2014. Retrieved 6 October 2014.
  106. ^ "Third sex option on birth certificates". Deutsche Welle. 1 November 2013. Archived from the original on 10 October 2014. Retrieved 19 July 2015.
  107. ^ "Sham package for Intersex: Leaving sex entry open is not an option". OII Europe. 15 February 2013. Archived from the original on 29 August 2014. Retrieved 19 July 2015.
  108. ^ Kisika, Sam (8 August 2022). "Landmark Kenya intersex rights law takes effect". Los Angeles Blade: LGBTQ News, Rights, Politics, Entertainment. Retrieved 21 August 2022.
  109. ^ Chigiti, John (September 14, 2016). "The plight of the intersex child". The Star, Kenya. Archived from the original on 2017-01-29. Retrieved 2017-05-13.
  110. ^ "The Children Act 2022" (PDF). Archived from the original (PDF) on 26 July 2022. Retrieved 21 August 2022.
  111. ^ Collison, Carl (October 27, 2016). "SA joins the global fight to stop unnecessary genital surgery on intersex babies". Mail&Guardian. Archived from the original on 2016-10-30. Retrieved 2017-05-15.
  112. ^ United Nations; Committee on the Rights of the Child (October 27, 2016). "Concluding observations on the second periodic report of South Africa". Archived from the original on February 4, 2017. Retrieved March 9, 2022.
  113. ^ "Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000" (PDF). February 2, 2000. Archived from the original (PDF) on June 3, 2011. Retrieved April 29, 2021.
  114. ^ Kaggwa, Julius (2016-09-16). "I'm an intersex Ugandan – life has never felt more dangerous". The Guardian. ISSN 0261-3077. Archived from the original on 2016-10-06. Retrieved September 16, 2016.
  115. ^ Kaggwa, Julius (October 9, 2016). "Understanding intersex stigma in Uganda". Intersex Day. Archived from the original on 2017-04-08. Retrieved 2016-10-26.
  116. ^ Parliament of Uganda (2015), Registration of Persons Act, archived from the original on 2017-05-01, retrieved 2017-05-15
  117. ^ Justicia Intersex; Zwischengeschlecht.org (2017). "NGO Report to the 6th and 7th Periodic Report of Argentina on the Convention against Torture (CAT)" (PDF). Buenos Aires. Archived (PDF) from the original on 2018-01-04. Retrieved 2017-05-15.
  118. ^ Global Action for Trans Equality (14 May 2012). "Gender identity Law in Argentina: an opportunity for all". Sexuality Policy Watch. Archived from the original on 29 March 2017. Retrieved 15 May 2017.
  119. ^ "Argentina Recognizes Non-Binary Identities". 22 July 2021. Archived from the original on 24 July 2021. Retrieved 24 July 2021.
  120. ^ Criminal Code (R.S.C., 1985, c. C-46), 2019-05-23, retrieved 2019-06-01
  121. ^ "Circular 15" (PDF). Retrieved 4 December 2023.
  122. ^ "Complementa circular 18 que instruye sobre ciertos aspectos de la atencion de salud a niños y niñas intersex" (PDF). Ministerio de Salud. 23 August 2016. Archived (PDF) from the original on 2 January 2020. Retrieved 21 May 2017.
  123. ^ "Proyectos de Ley Sistema de garantías de los derechos de la niñez". www.camara.cl (in Spanish). Cámara de Diputados de Chile. Archived from the original on 3 January 2017. Retrieved 3 January 2017.
  124. ^ "Comisión de la Cámara aprueba que niñas y niños trans tengan derecho a desarrollar su identidad de género". www.movilh.cl (in Spanish). Archived from the original on 30 July 2019. Retrieved 3 January 2017.
  125. ^ a b "Datos Registrales con Enfoque de Género" (PDF) (in Spanish). July 2017. Archived from the original (PDF) on 16 March 2018. Retrieved 16 March 2018.
  126. ^ Inter, Laura (2015). "Finding My Compass". Narrative Inquiry in Bioethics. 5 (2): 95–98. doi:10.1353/nib.2015.0039. PMID 26300133. S2CID 20101103.
  127. ^ a b Inter, Laura (October 2016). "The situation of the intersex community in Mexico". Intersex Day. Archived from the original on 2018-10-21. Retrieved 2017-05-13.
  128. ^ Baruch, Ricardo (October 13, 2016), Sí, hay personas intersexuales en México, Animal Politico, archived from the original on June 12, 2017, retrieved May 15, 2017
  129. ^ Sprayregen, Molly (May 27, 2023). "Mexico adds nonbinary option to passports in "great leap" for the "dignity of people"". LGBTQ Nation.
  130. ^ Balevic, Katie. "Mexico introduced a non-binary passport, allowing people to write their gender as 'x' instead of male or female". Business Insider.
  131. ^ a b interACT (June 2016). Recommendations from interACT: Advocates for Intersex Youth regarding the List of Issues for the United States for the 59th Session of the Committee Against Torture (PDF). Archived (PDF) from the original on 2019-04-12. Retrieved 2017-05-15.
  132. ^ interACT (2016). "Federal Government Bans Discrimination Against Intersex People in Health Care". Archived from the original on 2016-05-28. Retrieved 2016-05-27.
  133. ^ "New Laws Take Effect in New Mexico". KOB4. June 14, 2019. Archived from the original on October 1, 2020. Retrieved April 29, 2021.
  134. ^ "ID Documents Center - Nevada". National Center for Transgender Equality. Archived from the original on January 17, 2021. Retrieved April 29, 2021.
  135. ^ Stevens, Taylor (October 8, 2018). "Utahn Becomes One of the First in the State to Receive Nonbinary 'X' Markers on Birth Certificate and Driver License". The Salt Lake Tribune. Archived from the original on November 9, 2020. Retrieved April 29, 2021.
  136. ^ Gunz, Rafaella (January 6, 2019). "New Jersey to Introduce Gender-neutral Birth Certificates in February". Gay Star News. Archived from the original on August 3, 2020. Retrieved April 29, 2021.
  137. ^ "Birth Certificates". Colorado Department of Public Health & Environment. Archived from the original on November 12, 2020. Retrieved April 29, 2021.
  138. ^ "California Senate Bill "SB-179 Gender identity: female, male, or nonbinary" to enact the Gender Recognition Act, to authorize the change of gender on the new birth certificate to be female, male, or nonbinary". California Legislative Information. January 24, 2017. Archived from the original on June 16, 2017. Retrieved May 25, 2017.
  139. ^ O'Hara, Mary Emily (September 26, 2016). "Californian Becomes Second US Citizen Granted 'Non-Binary' Gender Status". NBC News. Archived from the original on September 26, 2016. Retrieved September 26, 2016.
  140. ^ O'Hara, Mary Emily (December 29, 2016). "Nation's First Known Intersex Birth Certificate Issued in NYC". NBC News. Archived from the original on 2019-05-09. Retrieved 2016-12-30.
  141. ^ "Selecting your Gender Marker". travel.state.gov. Retrieved 2022-05-20.
  142. ^ Migdon, Brooke (2022-04-04). "Nearly 17K Americans may request gender 'X' passport this year". The Hill. Retrieved 2022-05-20.
  143. ^ "US issues its first passport with X gender designation to reflect 'lived reality'". the Guardian. 2021-10-27. Archived from the original on 2021-11-03. Retrieved 2022-02-01.
  144. ^ "Ley N° 19580 de violencia hacia las mujeres basada en género" (in Spanish). Archived from the original on 10 April 2019. Retrieved 21 October 2018.
  145. ^ "Prohíben las operaciones de definición de sexo en la niñez". Diario EL PAIS Uruguay (in Spanish). 14 January 2018. Archived from the original on 21 October 2018. Retrieved 21 October 2018.
  146. ^ "Ley Integral Para Personas Trans" (PDF). Uruguay Ministry for Social Development. Archived from the original (PDF) on 23 October 2018. Retrieved 20 October 2018.
  147. ^ a b UK Home Office (December 2016). "Bangladesh: Sexual orientation and gender identity" (PDF). UK Home Office Country Policy and Information Note. Archived (PDF) from the original on 25 April 2017. Retrieved 25 May 2017.
  148. ^ United Nations; Committee against Torture (2015). "Concluding observations on the fifth periodic report of China". Geneva: United Nations. Archived from the original on 2017-03-26. Retrieved 2017-05-15.
  149. ^ United Nations; Committee against Torture (2015). "Concluding observations on the fifth periodic report of China with respect to the Hong Kong Special Administrative Region". Geneva: United Nations. Archived from the original on 2017-03-26. Retrieved 2017-05-15.
  150. ^ Equal Opportunities Commission (March 9, 2017). "EOC & GRC of CUHK Issue Statement Calling for the Introduction of Legislation against Discrimination on the Grounds of Sexual Orientation, Gender Identity and Intersex Status". Archived from the original on March 26, 2017. Retrieved May 15, 2017.
  151. ^ a b Supreme Court of India 2014. "Supreme Court recognises the right to determine and express one's gender; grants legal status to 'third gender'" (PDF). Archived from the original (PDF) on 2014-05-27. Retrieved 2017-05-25.{{cite web}}: CS1 maint: numeric names: authors list (link)
  152. ^ a b "Sunil Babu Pant and Others/ v. Nepal Government and Others, Supreme Court of Nepal" (PDF). National Judicial Academy Law Journal. April 2007. Archived from the original (PDF) on 2016-10-11. Retrieved 4 May 2016.
  153. ^ Regmi, Esan (2016). Stories of Intersex People from Nepal. Kathmandu. Archived from the original on 2017-07-28. Retrieved 2017-05-15.{{cite book}}: CS1 maint: location missing publisher (link)
  154. ^ a b c "Transgender Persons (Protection of Rights) Act, 2018" (PDF). Archived (PDF) from the original on 4 December 2020. Retrieved 1 December 2018.
  155. ^ "Albania approves protocol to stop medical intervention on intersex babies". www.exit.al. 27 June 2020. Archived from the original on 2021-01-26. Retrieved 2020-06-27.
  156. ^ "Albania Amends Its Law for Protection From Discrimination: HIV Status and Sex Characteristics Are Now Protected Grounds". Archived from the original on 2021-05-03. Retrieved 2020-11-08.
  157. ^ "Der Österreichische Verfassungsgerichtshof - Intersex persons have the right to adequate designation in the civil register". www.vfgh.gv.at. Archived from the original on 2018-07-04. Retrieved 2018-07-04.
  158. ^ "– Belgium – New Gender Recognition Law with obstacles". tgeu.org. Archived from the original on 2021-02-11. Retrieved 2018-05-14.
  159. ^ "New Belgian Gender Recognition Act: shouldn't self-determination also include non-binary people?". Archived from the original on 2018-05-14. Retrieved 2018-05-14.
  160. ^ a b c McDonald, Henry; Others (July 16, 2015). "Ireland passes law allowing trans people to choose their legal gender". The Guardian. Archived from the original on 16 November 2015. Retrieved 13 November 2015.
  161. ^ Ghattas, Dan Christian; ILGA-Europe (2016). "Standing up for the human rights of intersex people – how can you help?" (PDF). Archived (PDF) from the original on 2016-03-27.
  162. ^ Guillot, Vincent; Zwischengeschlecht (April 3, 2016). "NGO Report to the 7th Periodic Report of France on the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)". Archived from the original on 2017-03-25. Retrieved 2017-03-24.
  163. ^ Sénat; Blondin, Maryvonne; Bouchoux, Corinne (2017-02-23). Variations du développement sexuel : lever un tabou, lutter contre la stigmatisation et les exclusions. 2016-2017 (in French). Paris, France: Sénat. Archived from the original on 2017-03-31. Retrieved 2017-05-15.
  164. ^ "Stellungnahme IVIM - OII Germany zum Gesetzentwurf der Bundesregierung "Entwurf eines Gesetzes zum Schutz von Kindern mit Varianten der Geschlechtsentwicklung"" (PDF). OII Germany (in German). September 23, 2020. Archived (PDF) from the original on August 11, 2021. Retrieved April 29, 2021.
  165. ^ "Presseerklärung Internationale Vereinigung Intergeschlechtlicher Menschen" (PDF). OII Germany. March 26, 2021. Archived (PDF) from the original on May 8, 2021. Retrieved April 29, 2021.
  166. ^ "Bundesverfassungsgericht - Press - Civil status law must allow a third gender option". www.bundesverfassungsgericht.de. Archived from the original on 2017-11-15. Retrieved 2017-11-14.
  167. ^ a b c Fisher, Owl (June 21, 2019). "On Trans Issues, Iceland has just put Britain to Shame". The Guardian. Archived from the original on June 24, 2019. Retrieved April 29, 2021.
  168. ^ a b c "Gender Autonomy Act Applauded". Iceland Monitor. June 21, 2019. Archived from the original on June 22, 2019. Retrieved April 29, 2021.
  169. ^ a b c "Iceland Passes Major Gender Identity Law: "The Fight Is Far From Over"". Grapevine. June 19, 2019. Archived from the original on June 25, 2019. Retrieved April 29, 2021.
  170. ^ Zwischengeschlecht.org (December 2015). "Intersex Genital Mutilations Human Rights Violations Of Children With Variations Of Sex Anatomy: NGO Report to the 2nd, 3rd and 4th Periodic Report of Ireland on the Convention on the Rights of the Child (CRC)" (PDF). Zurich. Archived (PDF) from the original on 2016-03-21. Retrieved 2017-05-15.
  171. ^ United Nations; Committee on the Rights of Child (February 4, 2016). "Concluding observations on the combined third to fourth periodic reports of Ireland (advance unedited version)". Geneva: United Nations. Archived from the original on March 15, 2016. Retrieved May 15, 2017.
  172. ^ "Discrimination (Sex and Related Characteristics) (Jersey) Regulations 2015". 2015. Archived from the original on 2016-03-14. Retrieved 2017-05-15.
  173. ^ "Luxembourg makes status change for transgender people easier". 26 July 2018. Archived from the original on 27 July 2018. Retrieved 23 September 2018.
  174. ^ Dalli, Miriam (3 February 2015). "Male, Female or X: the new gender options on identification documents". Malta Today. Archived from the original on 15 December 2016. Retrieved 15 May 2017.
  175. ^ "Zakon o zabrani diskriminacije | Crna Gora | Paragraf Lex". www.paragraf.me. Article 19 ("Any discrimination, unequal treatment or unequal position of a person or group of persons on the basis of gender identity, sexual orientation and / or intersex characteristics is considered discrimination."). Archived from the original on 2020-08-04. Retrieved 2020-11-08.
  176. ^ "Norway". Rainbow Europe. Archived from the original on January 5, 2017. Retrieved April 29, 2021.
  177. ^ "Norway becomes fourth country in Europe to introduce model of self-determination - ILGA-Europe". www.ilga-europe.org. Archived from the original on 2021-04-29. Retrieved 2018-08-30.
  178. ^ "Norway becomes fourth country in the world to allow trans people to determine their own gender". 6 June 2016. Archived from the original on 30 August 2018. Retrieved 30 August 2018.
  179. ^ "Norway: Historic breakthrough for transgender rights". www.amnesty.org. 18 March 2016. Archived from the original on 16 January 2021. Retrieved 30 August 2018.
  180. ^ a b "Portugal parliament approves new gender change law". Agence France-Presse. July 13, 2018. Archived from the original on 2020-01-24. Retrieved 2018-08-31.
  181. ^ a b "Portugal's parliament approves new gender identity bill". DW. July 13, 2018. Archived from the original on 2020-11-09. Retrieved 2018-08-31.
  182. ^ Zwischengeschlecht.org (March 2014). "Intersex Genital Mutilations Human Rights Violations Of Children With Variations Of Sex Anatomy: NGO Report to the 2nd, 3rd and 4th Periodic Report of Switzerland on the Convention on the Rights of the Child (CRC)" (PDF). Zurich. Archived (PDF) from the original on 2014-05-06. Retrieved 2017-05-15.
  183. ^ United Nations; Committee on the Rights of Child (February 26, 2015). "Concluding observations on the combined second to fourth periodic reports of Switzerland". Geneva. Archived from the original on July 25, 2017. Retrieved May 15, 2017.
  184. ^ United Nations; Committee on the Rights of Child (September 7, 2015). "Concluding observations on the seventh periodic report of Switzerland" (PDF). Geneva. Archived (PDF) from the original on December 10, 2018. Retrieved April 29, 2018.
  185. ^ "Switzerland to allow simple gender identity change next year". www.jurist.org. 27 December 2021. Archived from the original on 2021-12-28. Retrieved 2022-02-01.
  186. ^ United Nations; Committee on the Rights of Child (June 2016). "Concluding observations on the fifth periodic report of the United Kingdom of Great Britain and Northern Ireland". Geneva: United Nations. Archived from the original on 2017-05-07. Retrieved 2017-05-15.
  187. ^ Zwischengeschlecht.org; IntersexUK; OII-UK; The UK Intersex Association (April 2016). Intersex Genital Mutilations Human Rights Violations of Children with Variations of Sex Anatomy: NGO Report to the 5th Periodic Report of the United Kingdom on the Convention on the Rights of the Child (CRC) (PDF). Zurich. Archived (PDF) from the original on 2016-11-09. Retrieved 2017-05-15.{{cite book}}: CS1 maint: location missing publisher (link)
  188. ^ Payton, Naith (July 23, 2015). "Comment: Why the UK's gender recognition laws desperately need updating". The Pink Paper. Archived from the original on January 26, 2017. Retrieved May 15, 2017.
  189. ^ a b Androgen Insensitivity Support Syndrome Support Group Australia; Intersex Trust Aotearoa New Zealand; Organisation Intersex International Australia; Black, Eve; Bond, Kylie; Briffa, Tony; Carpenter, Morgan; Cody, Candice; David, Alex; Driver, Betsy; Hannaford, Carolyn; Harlow, Eileen; Hart, Bonnie; Hart, Phoebe; Leckey, Delia; Lum, Steph; Mitchell, Mani Bruce; Nyhuis, Elise; O'Callaghan, Bronwyn; Perrin, Sandra; Smith, Cody; Williams, Trace; Yang, Imogen; Yovanovic, Georgie (March 2017), Darlington Statement, archived from the original on 2017-03-22, retrieved March 21, 2017
  190. ^ a b "We welcome the Senate Inquiry report on the Exposure Draft of the Human Rights and Anti-Discrimination Bill 2012". Organisation Intersex International Australia. 21 February 2013. Archived from the original on 1 January 2014. Retrieved 15 May 2017.
  191. ^ a b "On intersex birth registrations". OII Australia. 13 November 2009. Archived from the original on 12 January 2018. Retrieved 15 May 2017.
  192. ^ "Now That Same-Sex Marriage Is Legal, States Must Abolish Transgender "Forced Divorce" Laws". BuzzFeed. 10 January 2018. Archived from the original on 2019-01-03. Retrieved 2018-01-11.
  193. ^ "Australian Government Guidelines on the Recognition of Sex and Gender, 30 May 2013". Archived from the original on 1 July 2015. Retrieved 6 October 2014.
  194. ^ Human Rights Commission (2016), Intersex Roundtable Report 2016 The practice of genital normalisation on intersex children in Aotearoa New Zealand (PDF), archived from the original (PDF) on 2019-10-29, retrieved 2017-05-15
  195. ^ "New Zealand passes law allowing citizens to self-identify sex on birth certificates". www.jurist.org. 9 December 2021. Archived from the original on 2022-02-13. Retrieved 2022-02-01.
  196. ^ Department of Internal Affairs. "General information regarding Declarations of Family Court as to sex to be shown on birth certificates" (PDF). Archived from the original (PDF) on 2017-04-30. Retrieved 2015-07-19.

Bibliography

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