UNHRC Adopts Landmark Resolution For Intersex Rights

Context

The United Nations Human Rights Council (UNHRC) has passed a resolution to protect the rights of intersex individuals.

  •  The resolution was spearheaded by Finland, South Africa, Chile, and Australia.

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UN Human Rights Council Adopts Landmark Resolution For Intersex Rights

  • The resolution is titled “Combating Discrimination, Violence, and Harmful Practices against Intersex Persons.
  • Key Objectives: To combat discrimination, violence, and harmful practices against intersex individuals and to address the underlying causes of such mistreatment.
  • Example of Good practices adopted by nations: 
    • Several nations such as Australia, Malta, and Spain have made legislation to protect the interest of intersex individuals from discrimination. 
    • Similarly, Kenya and Portugal have taken various measures to protect the rights of intersex children in areas of healthcare, education, and social protection. 
    • Several nations like Mexico and South Africa have amended and included intersex within anti-discrimination statutes to ensure equality in legal frameworks.

Intersex Rights

About Intersex Individuals

  • Intersex is when someone is born with reproductive or sexual parts that don’t fit typical definitions of male or female.
  • Intersex can be divided into four categories:
    • 46, XX intersex
    • 46, XY intersex
    • True gonadal intersex
    • Complex or undetermined intersex
  • Intersex RightsCurrently, 1.7% of newborns are intersex.
  • Example:  
    • Penis with Female Hormone Levels
    • Absence of Penis but Male Traits
    • Outwardly Female, Male-Typical Anatomy Inside: Some individuals may have a female appearance externally but predominantly male-typical internal anatomy.
    • Blend of Male and Female Genital Characteristics.
    • Mosaic Genetics: In some cases, individuals may have mosaic genetics, where certain cells contain XX chromosomes (typically female) while others contain XY chromosomes (typically male).

Intersex Rights Movement in India

  • It started in 2021
  • Objective: legal protection mechanism for intersex children against unnecessary ‘normalising’ surgeries.
  • DCPCR Recommendation: DCPCR first recommended to ban medically unnecessary surgeries on intersex infants in Delhi.
  • Tamil Nadu: In 2019, It became the first state to mandate legal protection for intersex children.
  • Delhi Medical Council also supported the DCPCR Recommendation of banning surgeries.
  • Way forward: There is a need to act on DCPCR’s recommendation by the Delhi government. 

Intersex Asia:

  •  It is the pan-Asian intersex human rights organization.
    • It aims to protect the rights of intersex people in Asia.  

Causes of Intersex Traits

  • Intersex traits are estimated to occur in 1% to 2% of the population, making it more common than having red hair or being an identical twin.
  • Underlying Factors:
    • Genetic conditions that disrupt hormone levels during fetal development.
    • Exposure to hormones from medications or other sources during early stages of development.
    • Random variations in chromosomes occurring at conception.

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Challenges faced by Intersex People

  • Prejudice and Discrimination: 

    • These people face discrimination in the society due to non-alignment of their body with societal norms of sex and gender.
      • Violence, and even infanticide: In various nations, people having visible intersex traits, such as ambiguous genitalia, face abandonment and violence.
        • Intersex infanticide is prevalent in the southern and eastern Africa, South Asia, Brazil, and China.
  • Unnecessary medical intervention: 

    • These people have to go through medical treatment due to People’ belief that intersex people need to be “fixed.”
      • In this process, many young children get traumatized due to the experiences in medical procedures. 
    • These people face problems in getting identity as society segregates intersex babies and people based on gender.
      • Many a time, organizations prohibit them to issue identification which prevent them from doing jobs, opening bank accounts and getting higher education. 

Impact of Resolution on the life of Intersex Persons

  • Increased awareness and recognition: The resolution brings greater visibility to the issue of intersex people and their human rights. This can help to combat stigma and discrimination.
  • Protection from harmful practices: The resolution calls on states to address violence and harmful practices against intersex people, such as medically unnecessary surgeries on infants. 
    • This can help to protect intersex people from physical and psychological harm.
  • Improved access to healthcare: The resolution emphasizes the right of intersex people to the highest attainable standard of health. 
    • This could lead to better access to healthcare services that are sensitive to the needs of intersex people.
  • Empowerment and self-determination: The resolution calls on states to respect the autonomy and bodily integrity of intersex people. 
    • This can empower intersex people to make their own decisions about their bodies and their lives.
  • Foundation for further progress: This resolution is a significant step forward, but it’s just the beginning.
    • It can pave the way for further legal and policy changes that protect the rights of intersex people around the world.
Also Read: Supreme Court Verdict On Same Sex Marriage In India

 

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