UN-CAT 60th Session @ Palais Wilson 26.04.2017, 09:58h CET: Getting ready …
Far right: CAT rapporteur Kening Zhang, who raised intersex in Session 2 (27.04.2017)
Rear corner (far left on podium): Maria Gabriela Quinteros, who (non)-answered
#CATArgentina #UNCAT60 #NomasTorturaARG
StopIGM.org reported LIVE from Palais Wilson, hoping for strong questions on IGM practices:
CAT 60 Argentina Intersex Q&A: Transcript + Video
>>> Original Full Report Sessions 1 + 2
Session 2, Thu 27.04.2017, 15–18h CET
16:57h: (Video @ 1:56:52–2:00:02) YAY!! CAT country co-rapporteur Kening Zhang raises intersex persons and IGM, quotes our suggested recommendations! (NGO Report PDF –> p. 18) 🙂
«I noticed that the director for human rights of the foreign ministry touched on the issue of also LGBTI. In that regard I would like to have the opportunity of passing a message of a NGO which I didn’t have time to do yesterday. I was approached by this intersex genital mutilation group which actually expressed their concern over the certain status how they are being treated in the country, and I would like just to very briefly read out what they entrusted me to do.
They expressed the concern then they suggest that the Committee (indiscernible) the following recommendations to the country for their better treatment, for the unnecessary surgical and other interventions performed on intersex performed on intersex people without prior informed and effective consent, which reportedly caused physical and psychological suffering, have not as yet given rise to any inquiry, sanction or reparation.
The Committee, so they suggest the Committee to recommend to the State party the following:
(a) Take the necessary legislative, administrative and other measures to guarantee the respect for the physical integrity and autonomy of intersex persons and to ensure that no one is subjected to unnecessary medical or surgical procedures during infancy or childhood, but that all non-urgent medical interventions are postponed until the child is sufficiently mature to participate in decision-making and give full, free and informed consent.
(b) Guarantee impartial counselling services and psychosocial support for all intersex children and their parents, so as to inform them of the consequences of non-urgent, unnecessary surgery and other medical treatment and the possibility of postponing any decision on such treatment or surgery until the persons concerned are able to decide for themselves.
(c) Undertake investigation of reports of surgical and other medical treatment of intersex people without effective consent and adopt legal provisions in order to provide redress to the victims of such treatment, including adequate compensation.
(d) Guarantee intersex persons’ full access to the right to identity and to be recognized as a person before the law through administrative procedures fully compatible with human rights standards.
And the last
(e) Involve intersex persons in the design, implementation and monitoring of public policies affecting them, and avoid all forms of misrepresentation and instrumentalisation of intersex persons and issues.»
17:37h: (Video english | castellano @ 2:36:25–2:40:20) Maria Gabriela Quinteros (Human Rights Director of the Foreign Affairs Office: Sub Directora de Derechos Humanos, Ministerio de Relaciones Exteriores y Culto de Argentina) (non-)answers on intersex! – With the customary pinkwashing on top, she claimed the civil code prevents IGM and affirms right to bodily integrity and autonomy, intersex children protected until 16 years, then count as adults regarding medical decisions. Gender identity law is clear that they can identify as male or female without surgery. (However, those laws are simply not applied to intersex children, see NGO Report PDF –> p. 8, 14). She conveniently ignores that IGM is still advertised and perpetrated by government bodies and public paediatric hospitals … 🙁
Unofficial transcription (of UN simultanious translation from original spanish):
«OK, I’d like to answer Dr. Zhang regarding the concern he raised passing on the message from an NGO concerned about interventions vis-à-vis intersex persons. In the first place I’d like to say that intersex individuals have the right to self-determination over their own bodies, and must give prior and informed consent as a fundamental prerequisite for any medical practice which might be carried out on their body.
There have been two important legislative advances in this area in Argentina, and one is the new Civil and Commercial Code of the nation which in its article 26 says that any child, any minor, because quite often with this intersex cases we’re generally speaking dealing with minors, and this is how we establish whether or not to intervene surgically. This article says that the persons rights ought to be exercised through their legal representatives, but nonetheless it allows – if the person has the appropriate maturity and age to make their own assessment and give consent then they are empowered to do so. It allows for any minor between 13 and 16 years of age to be involved in any legal procedure relating to them, and particularly with regards to any decisions made about the person, their body. From 16 years of age they’re considered as an adult for any decisions relating to the care of their own body. In the instance that any controversy springs up between the legal representatives and the child’s own wishes of course the child has the right to a legal representative and to have the case brought before a judge, while the decision of the minor will always been taken into consideration.
Law 26143 is the Gender Identity Law. It’s a very advanced law because it allows individuals to identify with the gender they perceive themselves to be affiliated to, and they can thereby change their birth certificates and the national ID certificates in order to identify as a male or female as they see fit and perceive themselves. The law is been clear on this, when it provides (indiscernible) surgical intervention, in order to have a surgical intervention the consent of the individual in question or that of the legal representatives is required or you could have a legal ruling instead, and it’s important to say that the Civil Code reaffirms the principle of the progressive autonomy and capacity of the minor, of the child and the great higher interest of that child being treated as a priority and the right to have self-determination over ones own body is a human right and so the well-being and the life of the person must always be the highest priority with their consent.»
On 12 May 2017 or soon after, CAT will publish its binding Concluding observations for Argentina – now that the issue was raised during the review and the delegation’s only (non-)answer was the obligatory blanket denial in combination with employing the usual red herring of gender identity issues, StopIGM.org is hoping for another stern reprimand for IGM practices.
NGO Report to the 6th and 7th Periodic Report of Argentina on the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)
StopIGM.org / Zwischengeschlecht.org
• 23 UN Reprimands for IGM – and counting …
• “Harmful Medical Practice”: UN, COE, ACHPR, IACHR condem IGM
• UN Committee for the Rights of the Child (CRC) 2015: IGM = Harmful Practice
• UN Committee against Torture (CAT) 2015: IGM = Inhuman Treatment or Torture
• UN Human Rights Committee (HRCttee) to examine IGM Practices
• UN Committee on the Rights of Persons with Disabilities (CRPD) condemns IGM
• 56th Session of Committee against Torture reprimands 4 Governments for IGM
• CAT 2011: Germany must investigate IGM practices and compensate survivors!
Intersex Genital Mutilations • 17 Most Common Forms
Human Rights Violations Of Children With Variations Of Sex Anatomy
IGM – Historical Overview • What is Intersex? • How Common are IGMs?
>>> Download PDF (3.65 MB) >>> Table of Contents
Eliminating IGM practices by holding the perpetrators accountable via well-established applicable human rights frameworks, including Inhuman Treatment and Harmful Practices – Presentation @ UN expert meeting on Intersex Human Rights