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.

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
• Currently, 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).

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. 

• Legal Identity: 

  • 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.

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