Demands

Co-authored with IntersexUK and international colleagues.

 

Demands

 

  • To put an end to mutilating and ‘normalising’ practices such as genital surgeries, psychological and other medical treatments through legislative and other means. Intersex people must be empowered to make their own decisions affecting own bodily integrity, physical autonomy and self-determination.
  • To put an end to pre-implantation genetic diagnosis, pre-natal screening and treatment, and selective abortion of intersex foetuses.
  • To put an end to infanticide and killings of intersex people.
  • To put an end to non-consensual sterilisation of intersex people.
  • To depathologise variations in sex characteristics in medical guidelines, protocols and classifications, such as the World Health Organization’s International Classification of Diseases.
  • To register intersex children as females or males, with the awareness that, like all people, they may grow up to identify with a different sex or gender.
  • To ensure that sex or gender classifications are amendable through a simple administrative procedure at the request of the individuals concerned. All adults and capable minors should be able to choose between female (F), male (M), non-binary or multiple options. In the future, as with race or religion, sex or gender should not be a category on birth certificates or identification documents for anybody.
  • To raise awareness around intersex issues and the rights of intersex people in society at large.
  • To create and facilitate supportive, safe and positive environments for intersex people, their families and surroundings.
  • To ensure that intersex people have the right to full information and access to their own medical records and history before medical intervention.
  • To ensure that Intersex people are provided with lifelong free prescription medication regardless of prior medical treatment or intervention.
  • To ensure that all professionals and healthcare providers that have a specific role to play in intersex people’s wellbeing are specifically trained to provide quality services.
  • To provide sufficient acknowledgement of the suffering and injustice caused to intersex people in the past, and provide sufficient redress, reparation, access to justice and the right to truth.
  • To build intersex anti-discrimination legislation in addition to other grounds, and to ensure protection against intersectional discrimination.
  • To ensure the provision of all human rights, legal and citizenship rights to intersex people, including the right to marry and form a family.
  • To ensure that intersex people are able to participate in competitive sport, at all levels, in accordance with their legal sex. Intersex athletes who have been humiliated or stripped of their titles should receive reparation and reinstatement.
  • Recognition that medicalization and stigmatisation of intersex people result in significant trauma and mental health concerns.
  • In view of ensuring the bodily integrity and well-being of intersex people, as prescribed by the GMC, autonomous non-pathologising psycho-social and peer support be available to intersex people throughout their life (as self-required), as well as to parents and/or care providers.

 

UK Legislative Demands:

 

  • An update of the Births and Deaths Registration Act 1953 s29 to specifically include intersex as a ground for correction – not as an alternative to male or female.
  • Open up the possibility of allowing intersex bodied, trans, and other people to apply to have an ‘X’, ‘O’ or ‘I’ rather than and ‘M’ or ‘F’ in their passports. This is not recommended for birth certificates, nor should it be mandatory for passports.
  • Extend the Equality Act 2010 to intersex bodied people and those who do not identify as male or female.
  • An explicit inclusion of intersex bodied persons in current equality and antidiscrimination legislation.
  • A guaranteed commitment to respecting the bodily integrity and autonomy of intersex bodied children including the prevention of irreversible normalising surgical and/or medical procedures.
  • Remove the requirement for a Gender Recognition Panel and a diagnosis of gender dysphoria for trans and intersex people seeking gender recognition.
  • Replace this with a model based upon the self-declaration of gender.
  • Include within any new legislation a right to health care treatment.
  • Remove the section 2(1)(c) Gender Recognition Act 2004 requirement that an applicant ‘intends to continue to live in the acquired gender until death’.
  • Remove the section 19 Gender Recognition Act 2004 exemption which allows sporting bodies to exclude intersex people from competitive sport. No intersex bodied person should face discriminatory or abusive treatment in competitive sport.
  • Remove the schedule 4, section 5 Gender Recognition Act 2004 obligation to disclose a historical account of gender assignment and overturn ST (formerly J) v J [1998] 1 All ER 431.
  • lRemove the schedule 5 Marriage (Same Sex Couples) Act 2013 requirement that a married trans person to include ‘a statutory declaration by the applicant’s spouse that the spouse consents to the marriage continuing after the issue of a full gender recognition certificate’ when applying for a gender recognition certificate.
  • Adopt the recommendations of the Leveson inquiry in order to protect trans and intersex bodied people’s right to privacy against media invasion.
  • Overturn the case of R v McNally [2013] EWCA Crim 1051 in light of a commitment to equality. Deception as to gender should be removed from UK law.
  • Review waiting times at NHS Gender Identity Clinics and ensure that intersex bodied people and their families are offered appropriate non-invasive and non-medicalised support and care.

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