CCPR127 > Mexico Questioned About Intersex Genital Mutilation by UN


CCPR 127nd Session @ Palais Wilson, Geneva 16.10.2019, 14:56h: Getting ready …
Left row, upper third (half hidden): Mr. Christopher Arif Bulkan who asked about IGM.

Zwischengeschlecht.org on FacebookIGM = Torture, NOT 'Discrimination' or 'Gender Identity'This week, the UN Human Rights Committee (HRCttee) as the Treaty body monitoring the implementation of the International Covenant on Civil and Political Rights (CCPR) is examining the human rights record of Mexico during its 127nd Session in Geneva, transmitted LIVE on webtv.un.org!

A thematic intersex NGO report by Brújula Intersexual, Vivir y Ser Intersex and StopIGM.org proves that IGM continues in Mexico with impunity – despite a previous reprimand by CEDAW – and further documents lack of effective and sustainable action to protect all intersex children, which was also highlighted in the bilingual Joint Intersex NGO Oral Statement (PDF) during the private NGO meeting on 14.10.2019 (excerpt):

“The high poverty rate in Mexico produces a deficient health system which not everyone can access, so there are cases of intersex people who escaped IGM, but do not have access to necessary medical treatment. Additionally, some intersex children are denied birth certificates, preventing them from enrolling in school.

While some official agencies, including the Human Rights Commission of Mexico City (CDHDF) and the Ministry of Health have expressed interest in protecting intersex human rights, this interest has remained mostly one-off and inconsequential. Notably, the 2019 CDHDF Report to this Committee keeps silent about IGM, despite raising medical violence and referring to the CEDAW Concluding Observations.”

StopIGM.org is reporting LIVE from Geneva, hoping the Committee will ask tough questions on IGM practices in Mexico!

Session 1, Wed 16 October 2019, 15-18h CEST

15:58h (Video @ 0:59:20): YAY!! Committee expert Mr. Christopher Arif Bulkan raises “intersex genital mutilation”! Asks about steps undertaken to prohibit IGM, and guarantee access to adequate counselling and support! :-) Unofficial Transcript:

“Regarding intersex genital mutilation, there are a lot of issues arising here, but given the time limitations, can you say whether Mexico intends to prohibit surgical or other medical treatment of intersex children or on intersex children, until they are old enough to give their free, prior and informed consent? And can you say whether mesures will be adopted that would provide adequate counselling and support to intersex children and their families?”

18:03h: Session closing … As the delegation didn’t answer yet on intersex, they will have tomorrow.

Session 2, Thu 17 October 2019, 10-13h CEST

10:10h (Video @ 0:06:55): Delegation member Mr. Diego Ruiz Gayol (Ministry of Foreign Affairs, Permanent Mexican Mission in Geneva) non-answers on IGM, claims all surgery is done to “improve the health” of the mutilated children! :-( Unofficial Translation (from original Spanish):

“With respect to intersex persons, we can point out that health institutions follow international protocols on the management of children with conditions of sexual differentiation, surgeries are performed only when they are justified by medical evidence, have the consent of the person or their parents or guardians and have the sole objective of improving health.” 

10:37h: YAY!! Committee expert Ms. Hélène Tigroudja raises lack of access to birth certificates for intersex children, notes this can result that they can’t be enrolled in school, leading to multiple harm. :-) Unofficial Transcript (of UN simultaneous translation from original French):

“Now the third obstacle has to do with a category of population that was already addressed by Mr. Bulkan, this the intersex children. According to information that we have here also there is a registration problem, because we don’t know in the end what sex to indicate at birth. And the dramatic consequence that raises from this is since there is no identity document, they’re not going to schools, and then it’s a double and triple victimisation for this sector.

So a very simple question: what are the statistics, the official statistic that the State could provide? We have numbers, but numbers that vary depending on the source, depending ont the CSO or NGO that provided this statistic. Also, are the measures taken to …” 

10:58h: (Video @ 0:55:12): YAY!! Committee expert Mr. Christopher Arif Bulkan follows-up on intersex children and “intersex genital mutilation”! Refers to reports indicating IGM is pervasive and unchallenged, notes regulations are not binding, further notes lack of legislative protections, are there any plans to legislate, as the legal prohibition of torture is not applied to intersex children? Further raises lack of access to needed health care due to poverty or in rural communities, any plans and strategies:-( Unofficial Transcript:

“And finally, about follow-up, if I could ask you about the situation faced by intersex persons in Mexico, and again, thank you for your replies on this, but as some of the documents that I’ve seen talk about the intersex genital mutilation being both pervasive and unchallenged in Mexico, and perhaps one of the issues is the criteria that you mentioned seems not to be incorporated in legislation, so it’s not binding. Can you clarify this for me and to say whether if that’s so whether there is any plan to legislate these criteria?

What I’ve learned is that the legal prohibitions on torture for instance, while again, there might be progressive, they’re not applied to intersex children. And one last thing about intersex children is this question of accessing health care, so quite apart from medical and surgical procedures they often require a higher level of medical care and given the information around poverty and access to health care by persons in rural communities I wonder if there are any plans or strategies to role out these protections to those who might be outside of the capital. So thank you again for your replies on these issues.”

12:30h (Video @ 2:27:02): Delegation member Mr. Rafael Barcelo Durazo (Ministry of Foreign Affairs, Subject: Deputy Director General for International Human Rights Policy, Secretary for Foreign Affairs) insults the intersex community gives more non-answers on intersex children or “sexual differentiation diseases”, respectively. Claims NGOs would use wrong definition of intersex, as “sexual differentiation diseases” would “need proper treatment” to help them with their “sexual and reproductive health”, repeats claim “we don’t do unnecessary surgery”, insists it would be “corrective surgery”:-( Unofficial Translation (from original Spanish):

“In conclusion, in relation to the question raised by the expert Bulkan regarding the concern expressed by various civil society organisations about genital mutilation in intersex patients. It is important to point out that this concern is due to confusion in relation to the meaning of the word intersex, which has been used indistinctly to refer to people with different conditions of gender, sexual identity, sexual orientation or diseases of sexual differentiation.

Patients with sexual differentiation disorders, which are carriers of congenital alterations that cause the chromosomal, gonadal and anatomical sex to be discordant, should not be included under the term intersex state, which means that they require effective treatment to improve their health, preserve life, sexual and reproductive function.

In the health institutions of our country, unnecessary surgeries are not performed on intersex persons, and those performed on patients always follow the criteria of necessity, and are corrective to provide a function when justified by scientific evidence. Thank you very much.”

12:38h: Answer on birth certificates (but probably not re: intersex children as far as I heard, full transcript to follow.)

 

 

2019-CCPR-Mexico-NGO-Intersex-Brujula-StopIGMCountry: Mexico
Treaty Body: Human Rights Committee (HRCttee-CCPR)
Convention: International Covenant on Civil and Political Rights (CCPR)
Download Intersex NGO Report: PDF (636 kb)
Report by: Brújula Intersexual, Vivir y Ser Intersex, StopIGM.org
Next Steps in Review Cycle: Examination @ CCPR 127th Session, 16.-17.10.2019; Concl Obs due November
>>> Full Timeline Previous UN Reprimands: CEDAW (2018)

See also:
“Harmful Medical Practice”: UN, COE, ACHPR, IACHR condem IGM
46 UN Reprimands for IGM – and counting …
UN Committee for the Rights of the Child (CRC): IGM = Harmful Practice + Violence
UN Committee against Torture (CAT): IGM = Inhuman Treatment or Torture
UN Women’s Rights Committee (CEDAW): IGM = Harmful Practice
UN Committee on the Rights of Persons with Disabilities (CRPD): Violation of Integrity
UN Human Rights Committee (HRCttee) condemns IGM Practices

IGM as a Harmful Practice: 2015 UN-CRC Briefing
• IGM: A Survivor’s Perspective • Intersex Movement History
• What are Variations of Sex Anatomy?  • What are IGM Practices?
• IGM and Human Rights  • Conclusion: IGM is a Harmful Practice
>>> Download PDF (3.14 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
>>> Download PDF (831kb)

 

CCPR127 > Belgium Questioned About Intersex Genital Mutilation by UN


CCPR 127nd Session @ Palais Wilson, Geneva 15.10.2019, 15:04h: Getting ready …
Right row, center (reading in a blue folder): Ms. Vasilka Sancin who asked about IGM.

Zwischengeschlecht.org on FacebookIGM = Torture, NOT 'Discrimination' or 'Gender Identity'This week, the UN Human Rights Committee (HRCttee) as the Treaty body monitoring the implementation of the International Covenant on Civil and Political Rights (CCPR) is examining the human rights record of Belgium during its 127nd Session in Geneva, transmitted LIVE on webtv.un.org!

A thematic intersex NGO report by Intersex Belgium and StopIGM.org proves that IGM continues in Belgium with impunity – despite a previous reprimand by CRC – and documents lack of meaningful consultation with intersex NGOs, as Belgium authorities in fact only consult with IGM doctors, IGM-associated researchers and LGBT organisations, which was also highlighted in the Joint Intersex NGO Oral Statement during the private NGO meeting on 14.10.2019 (excerpt):

“The Government exclusively frames intersex in medical and LGBT terms and as a discrimination, diversity or health care issue, but conveniently ignores the ongoing IGM practices, which is also evident in the State report.

Since 2016 the Government has spent a lot of money on meetings and publications on intersex, but all the money went to researchers affiliated with IGM practitioners and intersex people were excluded and marginalised.”

StopIGM.org reported LIVE from Geneva, hoping the Committee will ask tough questions on IGM practices in Belgium!

Session 1, Tue 15 October 2019, 15-18h CEST

15:37h (Video @ 37:28): YAY!! Committee expert Ms. Vasilka Sancin raises intersex children! Notes lack of action to protect intersex persons, and the lack of remedies for those who suffered! :-) Unofficial Transcript:

“And we also heard some concerns about the lack of action by the Belgian authorities when it comes to the rights of intersex persons, especially when they’re subjected to irreversibles surgical operations. So I would appreciate also some information on the steps taken in Belgium to ensure the appropriate protection of intersex persons in Belgium and also whether there are some measures developed in order to ensure the necessary and appropriate assistance to persons who suffered from these practices.”

17:38h (Video): Delegation member Mr. Philippe Wéry (Adviser, Human Rights Department, Directorate General Legislation, Fundamental Rights and Freedoms, Federal Public Service Justice) (non-)answers on IGM, claims government is aware of the problem, is listening to cicil society, is convinced further measures are necessary, namely awareness training, mentions law on the rights of patients, right to consent of the child exercised by parents, discusses LGBT“I” action plan, actions conducted, studies on terms used and care provided, refers to “dialogues” and “sounding bords”, website “Idem” (all this is documented and discussed in the NGO report (PDF, p. 9-13) as insufficient and counter-productice measures!), further mentions upcoming project of short film funded by gov (but concerning which intersex NGOs were again not consulted).  :-( Unofficial Translation (from original French):

“On the aspects related to intersex people, so the federal government is obviously aware of the problems faced by intersex people. He has taken note with great interest of the recommendations of civil society and is listening to their concerns. The federal government is convinced that measures are needed to ensure better protection against discrimination of intersex people and recognizes the importance of raising public awareness and training experts and wants to prevent and pursue actions to this end. Finally, the government wishes to continue to rely on dialogue with civil society to ensure the development of policies adapted to the real needs of intersex people and respectful of human rights.

The point you also made is, and I think it’s also important, that the law does not require the use of treatment to end intersex. As a reminder, children remain under the authority of their parents until they reach the age of majority. It is therefore up to them to take the necessary decisions regarding the health of their child, and the law on patients’ rights states that this is done by parents or guardians.

But it is quite clear that the issue of finally medical normalization operations, as some call it, cannot be limited to this question of parental authority in medical matters, and that government initiatives are necessary, as I mentioned just before, for the information, awareness and training of all the actors concerned by this issue.

So, during the last legislature by adopting the inter-federal action plan against discrimination and violence against LGBTI people, therefore 2018-2019 the governments of the different levels of power have committed themselves to preventing and combating discrimination and violence against people on the basis of their intersex condition. And to achieve this objective, several actions have been carried out, and emphasis has been placed both on improving knowledge of the situation of intersex people [indiscernable] and on studies on terminology and the discourse of care relating to intersex people and on the quality of life of intersex people.

The second element is the establishment of resonance groups that aim to improve dialogue with intersex people and equal rights. This resonance group is composed of civil society, intersex people, parents of intersex children, researchers, members of the medical profession and the corresponding administration. They deal in particular with the themes of terminology, access to healthcare in Belgium and public awareness, visibility and information provision.

Last but not least, the funding of tools, a short film for young people and an information brochure for parents of intersex children will be published soon, which have been funded by the federal government, and an information website on intersex issues called www.ideminfo.be was launched in 2018 with funding from the Flemish government. That is what I wanted to say in this regard.”

Session 2, Wed 16 October 2019, 10-13h CEST

10:02h: Session resumed, if there is any follow-up on intersex and IGM, we’ll post it here!

10:46h: YAY!! Committee expert Ms. Vasilka Sancin follows-up on “intersex genital mutilation”! Notes efforts of government detailled by delegation yesterday, raises CRC recommendations to prohibit IGM and lift statutes of limitations, as well as remedies, counselling and support, including to adult IGM survivors! :-) Unofficial Transcript:

“I would like to first return to the issue number 10, follow-up question to our yesterday’s discussion. And I would like to welcome all the policy measures and the dialogue that the State party entered into with the Civil society, with the medical community when it comes to this intersex genital mutilation.

However, I would also like to note that in the Concluding Observations of the Committee on the Rights of the Child earlier this year, the Committee urged the State party to enter into some legislative measures, to consider prohibiting any unnecessary medical or surgical treatment of intersex children especially when these are irrevocable.

And furthermore the State party was also asked to consider to lift the statutes of limitations for such violations especially when they’re committed in a very early age.

I would also like to know whether in addition to dialogue with Civil society there are also any undertakings under way where you would provide some councelling and support as effective remedies not only to children but also to adults who were victims of such violations in their early age.”

11:40h: Delegation member Mr. Eric van den Bosch non-answers on “intersex medical normalisation”. Basically repeats non-answer by his colleague yesterday, reiterates all the insufficient and counter-productive gov initiatives, says government wants to do more awareness-raising to foster respectful approach to transgender identity, again claims gov would insult consult with intersex civil society, mentions a “trans and inter network”no answer to the actual question on legislative measures at all! What an outrage!! :-( Unofficial Transcript (of UN simultaneous translation from original French):

“Thank you very much, good morning to all. So to come back to Mrs Sancin’s question with regard to the issue of medical normalisation.

I think we answered it yesterday. I will not go back to this more specifically, except to mention that we had indeed stressed the need for more information and awareness on the subject. I would just like to remind you that a short film for young people and an information brochure for parents of intersex children will be published soon. They have been funded by the Federal Government and that an information website on intersex issues has been launched in 2018 and is funded by the Flemish Government.

In addition, I would like to add that civil society is indeed working on this issue, in particular to raise awareness of psycho-medico-social services, which will be based on an approach that respects transsidents and intersex.

More specifically, I would like to talk about Genres Pluriels, which created the trans and inter-Belgian psycho-medico-social network and which aims at the best access to trans and inter-specific health care. In particular, they aim at a more respectful and adapted and depathologising welcome and an exchange of knowledge between its professionals, so this would be an action by civil society on this issue which aims at a better welcome, a better awareness. Thank you.”

12:50h: YAY!! Committee expert Ms. Vasilka Sancin again follows-up on “intersex genital mutilation”! Notes she did not receive an answer on legal prohibition of IGM, nor on lifting the statutes of limitations. :-) Unofficial Transcript:

“I would like to note that while some answer was repeated with regard to intersex genital mutilation I have not received the answer to my question whether there are some legislative measures considered since such practices should be prohibited and at least there should be some consideration of a possibility to withdraw the statutes of limitations for such offences.”

2019-CCPR-Belgium-NGO-Intersex-StopIGMCountry: Belgium
Treaty Body: Human Rights Committee (HRCttee-CCPR)
Convention: International Covenant on Civil and Political Rights (CCPR)
Download Intersex NGO Report: PDF (581 kb)
Report by: Intersex Belgium, StopIGM.org
Next Steps in Review Cycle: Examination @ CCPR 127th Session, 15.-16.10.2019; Concl Obs due November
>>> Full Timeline Previous UN Reprimands: CRC (2019)

See also:
“Harmful Medical Practice”: UN, COE, ACHPR, IACHR condem IGM
46 UN Reprimands for IGM – and counting …
UN Committee for the Rights of the Child (CRC): IGM = Harmful Practice + Violence
UN Committee against Torture (CAT): IGM = Inhuman Treatment or Torture
UN Women’s Rights Committee (CEDAW): IGM = Harmful Practice
UN Committee on the Rights of Persons with Disabilities (CRPD): Violation of Integrity
UN Human Rights Committee (HRCttee) condemns IGM Practices

IGM as a Harmful Practice: 2015 UN-CRC Briefing
• IGM: A Survivor’s Perspective • Intersex Movement History
• What are Variations of Sex Anatomy?  • What are IGM Practices?
• IGM and Human Rights  • Conclusion: IGM is a Harmful Practice
>>> Download PDF (3.14 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
>>> Download PDF (831kb)

UN-CRC reprimands Portugal for Intersex Genital Mutilation


Photo: Markus Bauer and Daniela Truffer (StopIGM.org) with the thematic intersex NGO report on Portugal
at the 82nd CRC Session, Palais Wilson, Geneva 20.09.2019

Zwischengeschlecht.org on FacebookPress Release by StopIGM.org, 03.10.2019:

Portugal is another self-declared “intersex human rights champion” that, after recently having adopted legislation aimed at protecting intersex children from IGM practices, now claims to have abolished the practice altogether, echoing similar legislation and claims from Malta.

However, as documented in evidence submitted to the UN Committee on the Rights of the Child (CRC) by StopIGM.org, in both countries all forms of IGM persist with impunity, advocated and paid for by the State. When asked about the obviously continuing mutilations by CRC in Geneva, both Portugal and Malta tried to change the subject, non-answering on “international medical standards” and “transgender legislation” instead. Fortunately, the Committee refused to have the wool pulled over its eyes.

After concluding its 82nd session, CRC has now reprimanded Portugal (and Australia) for IGM practices – just like Malta after the previous session.

In its binding Concluding Observations, the Committee unmistakably condemns IGM in Portugal as a “harmful practice” according to art. 24 (3) of the Convention (just like FGM, which is also covered in the same paragraph of the Concluding Observations), further referring to the CRC-CEDAW Joint General Comment No. 18/31 “on harmful practices” and target 5.3 of the Sustainable Development Goals (“eliminate all harmful practices”).

StopIGM.org welcomes these clear verdicts, marking

  • the very 1st UN reprimand for IGM to Portugal
  • the 23rd UN reprimand for IGM to an EU country
  • now 13 EU countries reprimanded for IGM
  • the 15th and 16th reprimand for IGM by UN CRC
  • in total 46 UN Treaty body reprimands for IGM so far 
  • now 26 states reprimanded in Europe, South America, Africa, Asia and Oceania.

With now both alleged “intersex human rights champions” Malta and Portugal unmasked and reprimanded by CRC, the question remains:

All those who so far inconsiderately and uncritically praised Malta’s and Portugal’s (and others’) tokenist legislation claiming to help but in fact harming intersex children – will they now finally do the right thing and demand effective legislation criminalising IGM and addressing obstacles to redress and justice for IGM survivors, namely the statutes of limitation, in line with CRC, CEDAW, CAT, CRPD, CCPR, the Joint General Comment “on harmful practices”, … ?

CRC82: Full Binding Intersex Recommendations to Portugal

>>> Download full Concl Obs: CRC/C/PRT/CO/5-6 –> para 28 (b)
>>> Full Intersex NGO Report by StopIGM.org (PDF, 942 kb)
>>> Report from Session in Geneva   >>> UN Press Release on Session
>>> Open Letter of Concern about Malta and Portugal to EU Commission

‘E. Violence against children (arts. 19, 24 (3), 28 (2), 34, 37 (a) and 39)

Harmful practices  [art. 24 (3)]

28. With reference to its joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child on harmful practices (2014) and taking note of target 5.3 of the Sustainable Development Goals, the Committee urges the State party to:

[…]

(b) Continue to implement measures, including legal and administrative, to guarantee that no child, including intersex, is subjected to unnecessary medical or surgical treatment, during infancy or childhood, in line with the rights of children to bodily integrity, autonomy and self-determination, and provide social, medical and psychological services, where necessary, as well as adequate counselling, support and reparations to families with intersex children.’

CRC82: Full Binding Intersex Recommendations to Australia

>>> Download full Concl Obs: CRC/C/AUS/CO/5-6 –> para 31 (b)

‘D. Violence against children (arts. 19, 24 (3), 28 (2), 34, 37 (a) and 39)

Harmful practices  [art. 24 (3)]

31. The Committee welcomes the criminalization of forced marriage and taking note of target 5.3 of the Sustainable Development Goals, urges the State party to:

[…]

(b) Enact legislation explicitly prohibiting coerced sterilisation or unnecessary medical or surgical treatment, guaranteeing bodily integrity and autonomy to intersex children as well as adequate support and counselling to families of intersex children.’

 

See also:
‘Only the Fear of the Judge Will Make IGM Perpetrators Change’
“Harmful Medical Practice”: UN, COE, ACHPR, IACHR condem IGM
46 UN Reprimands for IGM – and counting …
UN Committee for the Rights of the Child (CRC): IGM = Harmful Practice + Violence
UN Committee against Torture (CAT): IGM = Inhuman Treatment or Torture
UN Women’s Rights Committee (CEDAW): IGM = Harmful Practice
UN Committee on the Rights of Persons with Disabilities (CRPD): Violation of Integrity
UN Human Rights Committee (HRCttee) condemns IGM Practices

IGM as a Harmful Practice: 2015 UN-CRC Briefing
• IGM: A Survivor’s Perspective • Intersex Movement History
• What are Variations of Sex Anatomy?  • What are IGM Practices?
• IGM and Human Rights  • Conclusion: IGM is a Harmful Practice
>>> Download PDF (3.14 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
>>> Download PDF (831kb)

Communiqué de presse de l’ONU > Comment le Portugal défend la mutilation génitale intersexe (MGI)

[ English ]

Zwischengeschlecht.org on Facebook Lors de sa 82ème session à Genève, le Comité des droits de l’enfant (CRC) de l’ONU a interrogé le Portugal sur les mutilations génitales intersexes (MGI), sur la base des preuves accablantes fournies par StopIGM.org dans un rapport d’ONG au Comité.

La délégation portugaise, qui s’est présentée dans une déclaration introductive en tant que championne des droits humains des intersexes prétendument ” protéger les caractéristiques sexuelles de chaque personne “, a semblé avoir du mal à répondre aux questions du Comité sur les MGI, mais s’en tenir plutôt aux MGF.

Ce n’est qu’après que le président du Comité des droits de l’enfant eut rappelé que la question concernait les enfants intersexués et non les mutilations génitales féminines, que le Portugal a finalement (non) répondu sur les enfants intersexes et les MGI, le communiqué de presse des Nations Unies résumant l’examen donnant un aperçu de la détermination du Portugal à continuer à mutiler des enfants intersexués sans défense :

“Le Comité des droits de l’enfant s’inquiète des nombres élevés d’enfants en situation de pauvreté et d’enfants placés en institutions au Portugal”>>> Communiqué de presse de l’ONU (27.09.2019)

“ Les enfants nés intersexes sont suivis par les services nationaux de santé – notamment par les services pédiatriques – et les parents sont consultés et informés au sujet des conséquences que peuvent avoir certains traitements sur l’avenir de leur enfant; les parents sont impliqués dans les décisions, a insisté la délégation. ”

La (non-)réponse du Portugal fait écho à la défensive de Malte lors de la dernière session du CRC, un autre “champion des droits humains intersexes” autoproclamé qui continue néanmoins à mutiler les enfants intersexes, soutenu et payé par l’Etat. En conséquence, Malte a été sévèrement réprimandée pour continuer à pratiquer les MGI dans les observations finales du Comité, avec des recommandations contraignantes à l’État partie.

Les défenseurs des droits humains intersexes, y compris StopIGM.org, espèrent maintenant une réprimande tout aussi sévère de la part du CRC pour le Portugal également, qui est prévue jeudi prochain. A suivre ….

2019-CRC-Portugal-NGO-Zwischengeschlecht-Intersex-IGMCountry: Portugal
Treaty Body: Committee on the Rights of the Child (CRC)
Convention: Convention on the Rights of the Child (CRC)
Download Intersex NGO Report: PDF (942 kb)
Report by: StopIGM.org
Next Steps in Review Cycle: Examination @ CRC 82nd Session, 19.-20.09.2019; Concl Obs due November
>>> Full Timeline Previous UN Reprimands: none

>>> StopIGM.org > Pages françaises

UN Press Release > How Portugal Defends Intersex Genital Mutilation

[ Français ]

Zwischengeschlecht.org on Facebook During its 82nd Session in Geneva, the UN Committee o the Rights of the Child (CRC) questioned Portugal about Intersex Genital Mutilations (IGM), based on damning evidence provided by StopIGM.org in an NGO report to the Committee.

The Portuguese Delegation, which presented themselves in an opening statement as a intersex human rights champion allegedly “protecting the sexual characteristics of every person”, seemed to struggle with answering the Committee’s questions about IGM, droning on about FGM instead.

Only after a reminder by the CRC chairperson, that the question was about intersex children, not FGM, Portugal finally (non-)answered on intersex and IGM, with the UN Press Release summarising the examination offering a glimpse of Portugal’s insistence on continuing with mutilating defenseless intersex children:

“Experts of the Committee on the rights of the child note good laws in Portugal but raise questions about their effective implementation”
>>> UN Press Release (27.09.2019)

“Responding to these questions and comments, the delegation said that […] Intersex children and female genital mutilation were completely different issues. Interventions on intersex children were carried out by health professionals and had to be suited and tailored to each case. There had been five cases detected last year. Extremely specialized paediatric teams were seized of the matter, in conjunction with the families. The best course of action for each child was determined in light of the latest scientific knowledge. Interventions were only made when they were in line with the best interest of the child. They were not carried out at random.”

Portugal’s (non-) answer echoed the defensiveness of Malta in the last CRC session, another self-declared “intersex human rights champion” that continues to mutilate intersex children noetheless, advocated and paid for by the state. Accordingly, Malta was strongly reprimanded for continuing with IGM practices in the Committee’s Concluding Observation with binding recommendations to the State party.

Intersex advocates including StopIGM.org are now hoping for a similarly stern reprimand by CRC for Portugal too, due next Thursday. To be continued …

2019-CRC-Portugal-NGO-Zwischengeschlecht-Intersex-IGMCountry: Portugal
Treaty Body: Committee on the Rights of the Child (CRC)
Convention: Convention on the Rights of the Child (CRC)
Download Intersex NGO Report: PDF (942 kb)
Report by: StopIGM.org
Next Steps in Review Cycle: Examination @ CRC 82nd Session, 19.-20.09.2019; Concl Obs due November
>>> Full Timeline Previous UN Reprimands: none

See also:
‘Only the Fear of the Judge Will Make IGM Perpetrators Change’
“Harmful Medical Practice”: UN, COE, ACHPR, IACHR condem IGM
42 UN Reprimands for IGM – and counting …
UN Committee for the Rights of the Child (CRC): IGM = Harmful Practice + Violence
UN Committee against Torture (CAT) 2015: IGM = Inhuman Treatment or Torture
UN Women’s Rights Committee (CEDAW): IGM = Harmful Practice
UN Committee on the Rights of Persons with Disabilities (CRPD): Violation of Integrity
UN Human Rights Committee (HRCttee) condemns IGM Practices

IGM as a Harmful Practice: 2015 UN-CRC Briefing
• IGM: A Survivor’s Perspective • Intersex Movement History
• What are Variations of Sex Anatomy?  • What are IGM Practices?
• IGM and Human Rights  • Conclusion: IGM is a Harmful Practice
>>> Download PDF (3.14 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
>>> Download PDF (831kb)

Open Letter to EU Commission: Stop Downgrading Intersex Rights!

UPDATE!  Now 44 UN Reprimands for Intersex Genital Mutilations – And Counting …


Photo: Intersex Protest + Open Letter to EU Commission + 115 EU-funded IGM clinics, Copenhagen 29.06.2017

Zwischengeschlecht.org on FacebookAn Intersex Tale of Two Cities:

This week in Brussels, the EU Commission, Malta, Portugal and others praised each other to the skies as champions of intersex human rights, while at the same time downplaying the systematic and massive, EU-sponsored medical abuse of intersex children as a mere “discrimination” and “health care” issue.

Next week in Geneva, the UN Committe on the Rights of the Child (CRC) publishes its findings on Portugal – most likely including a stern reprimand for harmful practices on intersex children. Already last session, CRC unmistakably condemned “unnecessary medical or surgical procedures” on intersex children in Malta, and called to “[e]ffectively investigate incidents” and “provide redress to victims […] including adequate compensation and rehabilitation”.

Now – how on earth could Brussels have gotten it so completely wrong (and not for the first time!) about intersex human rights and about intersex children in Malta and Portugal allegedly being protected from genital mutilation when – as documented in Geneva – in fact they’re not, and IGM persists with impunity!??

Well, that’s exactly what StopIGM.org wanted to know.

Therefore, before the European Commission’s “High level Conference on Advancing LGBTI equality in the EU: from 2020 and beyond”, we sent them an Open Letter (PDF, or below the break) documenting above and further remarkable discrepancies between the EU’s caual downgrading of intersex rights vs. the meanwhile 44 clear and unmistakable UN verdicts, kindly asking for an explanation.

Currently, we’re still waiting for a reply.

To be continued …     [ Full Open letter after the break ]     [ as PDF ]   

Read moreOpen Letter to EU Commission: Stop Downgrading Intersex Rights!

CRC82 > Portugal questioned about intersex mutilation by UN – Belgium, Mexico, Spain, Switzerland next

[ Deutsch ]


Photo: UNHRC UPR #14, Geneva 20.10.2012

Zwischengeschlecht.org on FacebookIGM = CRIME, Not 'Health Care' or 'Equality'!In Geneva, the UN Committee on the Rights of the Child (CRC) is currently examining the human rights record of Portugal, repeatedly asking the State party why harmful practices against intersex children were allowed to continue, and why IGM survivors were denied access to redress and justice?
When Portugal tried to change the subject, discussing “international medical standards” and “transgender legislation” instead, Committee members asked follow-up questions, which Portugal will have to answer today (10-13h CEST).

UPDATE: UN Press Release: Portugal Defends Intersex Genital Mutilation

On the shiny outside, Portugal has recently adopted legislation aimed at protecting intersex children from IGM practices, claiming to have abolished the practice altogether, echoing similar legislation and claims from Malta – coincidentally, next week in Brussels, both countries will be praised once more as intersex human rights pioneers at a EU “High level Conference on Advancing LGBTI equality”.

However, as documented in NGO Reports, both in Malta and Portugal, all forms of IGM persist with impunity, advocated and paid for by the State party. In a previous session earlier this year, CRC already considered IGM in Malta as a harmful practice. Yesterday in Geneva, Portugal’s answers were hardly more than the known usual excuses and denials right in the face of documented facts.

Based on evidence submitted by StopIGM.org in collaboration with local and regional intersex NGOs, UN Treaty bodies CRC, CAT, HRCttee-CCPR, CRPD and CEDAW have so far reprimanded 12 EU countries for failing to effectively protect intersex children from non-consensual, unnecessary genital surgery, forced sterilisation and other involuntary, non-urgent procedures which the UN Committees consider to amount to serious violations of non-derogable human rights under multiple Treaties, namely cruel, inhuman and degrading treatment falling under the absolute prohibition of torture (CAT, CCPR, CRPD), a harmful cultural practice just like FGM (CRC, CEDAW), involuntary medical or scientific experimentation (CCPR), and a violation of the integrity of the person (CRPD). Globally, we’re currently at 42 UN reprimands for IGM practices to 24 countries (see list).

Together with fellow intersex NGOs Brújula Intersexual, Intersex Belgium, Vivir y Ser Intersex, Intersex.ch and SI-Global, StopIGM recently submitted 5 Intersex Shadow Reports to different Treaty bodies, besides Portugal also for Belgium, Mexico, Spain and Switzerland – all of them up for review in Geneva:

2019-CRC-Portugal-NGO-Zwischengeschlecht-Intersex-IGMCountry: Portugal
Treaty Body: Committee on the Rights of the Child (CRC)
Convention: Convention on the Rights of the Child (CRC)
Download Intersex NGO Report: PDF (942 kb)
Report by: StopIGM.org
Next Steps in Review Cycle: Examination @ CRC 82nd Session, 19.-20.09.2019; Concl Obs due November
>>> Full Timeline Previous UN Reprimands: none

2019-CCPR-Belgium-NGO-Intersex-StopIGMCountry: Belgium
Treaty Body: Human Rights Committee (HRCttee-CCPR)
Convention: International Covenant on Civil and Political Rights (CCPR)
Download Intersex NGO Report: PDF (581 kb)
Report by: Intersex Belgium, StopIGM.org
Next Steps in Review Cycle: Examination @ CCPR 127th Session, 15.-16.10.2019; Concl Obs due November
>>> Full Timeline Previous UN Reprimands: CRC (2019)

2019-CCPR-Mexico-NGO-Intersex-Brujula-StopIGMCountry: Mexico
Treaty Body: Human Rights Committee (HRCttee-CCPR)
Convention: International Covenant on Civil and Political Rights (CCPR)
Download Intersex NGO Report: PDF (636 kb)
Report by: Brújula Intersexual, Vivir y Ser Intersex, StopIGM.org
Next Steps in Review Cycle: Examination @ CCPR 127th Session, 16.-17.10.2019; Concl Obs due November
>>> Full Timeline Previous UN Reprimands: CEDAW (2018)

2019-CCPR-LOIPR-Spain-Intersex-Brujula-StopIGMCountry: Spain
Treaty Body: Human Rights Committee (HRCttee-CCPR)
Convention: International Covenant on Civil and Political Rights (CCPR)
Download Intersex NGO Report: PDF (377 kb)
Report by: StopIGM.org, Brújula Intersexual
Next Steps in Review Cycle: List of Issues Prior to Reporting (LOIPR) @ CCPR 127th Session, due November; State Report with replies to LOIPR due 2020  >>> Full Timeline
Previous UN Reprimands: CRC (2018)

2019-CRC-LOIPR-Swiss-NGO-Zwischengeschlecht-Intersex-IGMCountry: Switzerland
Treaty Body: Committee on the Rights of Persons with Disablities (CRPD)
Convention: Convention on the Rights of Persons with Disablities (CRPD)
Download Intersex NGO Report: DOCX (246 kb) | PDF (333 kb)
Report by: StopIGM.org, Intersex.ch, SI-Global
Next Steps in Review Cycle: List of Issues Prior to Reporting (LOIPR) @ CRPD 12th Pre-Sessional Working Group, due November; State Report with replies due 2020 >>> Full Timeline
Previous UN Reprimands: CRC (2015), CAT (2015), CEDAW (2016), CCPR (2017)

>>> intersex.shadowreport.org

See also:
‘Only the Fear of the Judge Will Make IGM Perpetrators Change’
“Harmful Medical Practice”: UN, COE, ACHPR, IACHR condem IGM
40 UN Reprimands for IGM – and counting …
UN Committee for the Rights of the Child (CRC): IGM = Harmful Practice + Violence
UN Committee against Torture (CAT) 2015: IGM = Inhuman Treatment or Torture
UN Women’s Rights Committee (CEDAW): IGM = Harmful Practice
UN Committee on the Rights of Persons with Disabilities (CRPD): Violation of Integrity
UN Human Rights Committee (HRCttee) condemns IGM Practices

IGM as a Harmful Practice: 2015 UN-CRC Briefing
• IGM: A Survivor’s Perspective • Intersex Movement History
• What are Variations of Sex Anatomy?  • What are IGM Practices?
• IGM and Human Rights  • Conclusion: IGM is a Harmful Practice
>>> Download PDF (3.14 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
>>> Download PDF (831kb)

ESPE 2019 in Austria > “Clitoral surgery been performed in 231 (92%)”

[ Deutsch ]


Intersex protest + Open Letter vs. ‘ESPE 9th Joint Meeting’, Milano (Italy) 19.09.2013

Presentation @ 58th Annual Meeting of the European Society for Paediatric Endocrinology ESPE, starting in Vienna (Austria) today (see Abstract Book (PDF), p. 96):

“Contemporary Surgical Approach in CAH 46XX – Results from the I-DSD/I-CAH Registries”

“Genital surgery has been performed in 251 (76%). Clitoral surgery been performed in 231 (92%), vaginal surgery in 204 (81%) and a combination of clitoral and vaginal surgery had been performed in 186 (74%). Of the 251 who had surgery, 18 (7%) had vaginal but no clitoral surgery whilst 42 (17%) had clitoral but no vaginal surgery. Mean age at first surgery was 2.5 years (0-15), with clitoral surgery and vaginal surgery at 2.6 years (range) and 3.2 years (range), respectively. In a logistic regression model it could be shown that there was a negative trend for surgery over time. Moreover, there was a significant trend towards surgery before 24 months of life over time. However, there were significant geographic differences in the probability/incidence of genital surgery: Europe 64%, Asia 97%, South America 89%. The Chicago Consensus Statement on DSD (comparison of data before and after 2006) did not have any significant influence on the timing or probability of surgery.”

Of course these figures are not new or unexpected. In fact, a presentation 2 years earlier by partly the same Austrian IGM doctors, “Current surgical practice in DSD” showed similar figures and the same tendencies.

This year’s ESPE features particularly many and particularly ugly D$D presentations.

StopIGM.org organised non-violent intersex protests against ESPE annual meetings in 2012, 2013, 2014 and 2016, thanks to local solidarity and support. Unfortunately, when we asked Austrian intersex organisations they said they couldn’t provide any practical support. As StopIGM.org has no funding and this week is also the 82nd CRC Session in Geneva where the UN Committee on the Rights of the Child will examine IGM in Portugal, unfortunately, the ESPE mutilators will be able to promote their trade unchallenged.

See also:
Open Letter of Concern to EU Committee on Civil Liberties 2018
Spain > 2 Days of Live Intersex Genital Mutilation – Unchallenged
Open Letter of Concern to ‘6th I-DSD Symposium’ Copenhagen 2017
USA > ESPE et al. Celebrating End of Intersex Human Rights – Unchallenged
Open Letter of Concern to ’55th ESPE’ Paris 2016
Open Letter of Concern to ‘6th ISHID Hypospadias Workshop’, Seligenstadt 2015
Open Letter of Concern to ’53rd ESPE’ Dublin 2014
Open Letter of Concern to ‘4th WOFAPS’ Berlin 2013
Open Letter of Concern to ‘9th Joint Meeting’ (ESPE/LWPES) Milano 2013
Open Letter of Concern to ‘4th I-DSD Symposium’ Glasgow 2013
Open Letter of Concern to ’51st Annual Meeting of ESPE’ Leipzig 2012
Open Letter of Concern to ’23rd ESPU’ Zurich 2012
Open Letter of Concern to ‘ISHID’ Live Genital Mutilators London 2011
Open Letter of Concern to ‘3rd EuroDSD Symposium’ Lübeck 2011
Open Letter of Concern to ’11th EMBL/EMBO Conference’ Heidelberg 2010

Autriche > Communiqué de presse de l’ONU met l’accent sur la mutilation génitale des enfants intersexes

 [ English ]

Zwischengeschlecht.org on FacebookLors de sa 73ème session à Genève, le Comité des Nations Unies pour l’élimination de la discrimination à l’égard des femmes (CEDAW) examinera la situation des droits de l’homme en Autriche. StopIGM.org et l’Association des personnes intersexuées en Autriche VIMÖ ont fourni au Comité des preuves de mutilations génitales intersexes (MGI) en cours. Avant l’examen, les ONG ont eu l’occasion d’informer le Comité en séance publique à Genève.

La déclaration sur les MGI présentée par Daniela Truffer (StopIGM.org) a été soulignée dans le communiqué de presse de l’ONU sur le briefing des ONG :

“Le Comité pour l’élimination de la discrimination à l’égard des femmes auditione la societé civile”
>>> Communiqué de presse de l’ONU (08.07.2019)

StopIGM a déploré que les enfants nés intersexes en Autriche, dotés d’organes génitaux « ambigus », soient toujours soumis à des interventions chirurgicales génitales superflues, y compris l’amputation partielle du clitoris, des procédures de stérilisation et des expérimentations humaines, sur la base des stéréotypes sociétaux et culturels sur ce qui constitue un corps masculin ou féminin acceptable. Pourtant, a dit l’ONG, la Cour constitutionnelle autrichienne a explicitement reconnu en 2018 que le fait d’être intersexe constitue une « variation » et non « un développement pathologique » et a conclu que le fait que les familles craignent la stigmatisation ne saurait en aucun cas justifier de telles interventions.

>>> Full Intersex NGO Statement (PDF) | (DOCX)
>>>
Austria: Intersex, IGM, Gender Stereotypes and Racism (PDF) | DOCX

See also:
Only the Fear of the Judge Will Make IGM Perpetrators Change’
• ‘Harmful Medical Practice’: UN, COE, ACHPR, IACHR condemn IGM
42 UN Reprimands for Intersex Genital Mutilations – and counting …
UN Committee for the Rights of the Child (CRC): IGM = Harmful Practice + Violence
UN Committee against Torture (CAT) 2015: IGM = Inhuman Treatment or Torture
UN Women’s Rights Committee (CEDAW): IGM = Harmful Practice
UN Committee on the Rights of Persons with Disabilities (CRPD): Violation of Integrity
UN Human Rights Committee (HRCttee) to examine IGM Practices
CAT 2011: Germany must investigate IGM practices and compensate survivors!

Austria > UN Press Release Highlights Intersex Genital Mutilation

 [ Français ]

Zwischengeschlecht.org on FacebookIGM = CRIME, Not 'Health Care' or 'Therapy'!During its 73rd Session in Geneva, the UN Committee on the Elimination of Discrimination against Women (CEDAW) will examine the human rights record of Austria. StopIGM.org and the Austrian Association of Intersex People VIMÖ provided the Committee with evidence of ongoing Intersex Genital Mutilations (IGM). Prior to the examination, NGOs had the opportunity to brief the Committee in a public session in Geneva.

The statement on IGM presented by Daniela Truffer (StopIGM.org) was highlighted in the UN press release on the NGO Briefing:

“Committee on the Elimination of Discrimination against Women hears from civil society organizations from Democratic Republic of the Congo, Austria, Cabo Verde and Guyana”
>>> UN Press Release (08.07.2019)

StopIGM said that, in Austria, intersex children born with so-called “ambiguous” genitalia continued to be submitted to unnecessary genital surgeries — including partial clitoris amputation, sterilizing procedures and human experimentation.  Such surgeries were based on societal and cultural stereotypes of what constituted female or male bodies, and were nevertheless advocated and paid for by the public health system.  To this day, rather than combat, investigate and monitor intersex genitalia mutilations, the State party refused to disclose statistics on this matter, and had tried to misrepresent this practice as supposedly genuine health care, despite the severe pain and suffering it caused.

>>> Full Intersex NGO Statement (PDF) | (DOCX)
>>>
Austria: Intersex, IGM, Gender Stereotypes and Racism (PDF) | DOCX

See also:
Only the Fear of the Judge Will Make IGM Perpetrators Change’
• ‘Harmful Medical Practice’: UN, COE, ACHPR, IACHR condemn IGM
42 UN Reprimands for Intersex Genital Mutilations – and counting …
UN Committee for the Rights of the Child (CRC): IGM = Harmful Practice + Violence
UN Committee against Torture (CAT) 2015: IGM = Inhuman Treatment or Torture
UN Women’s Rights Committee (CEDAW): IGM = Harmful Practice
UN Committee on the Rights of Persons with Disabilities (CRPD): Violation of Integrity
UN Human Rights Committee (HRCttee) to examine IGM Practices
CAT 2011: Germany must investigate IGM practices and compensate survivors!