intersex.shadowreport.org

NGO Report (for LOI) to the 4th Report of Kenya on the International Covenant on Civil and Political Rights (CCPR)

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Compiled by:
StopIGM.org / Zwischengeschlecht.org
 

CCPR Timeline Kenya 2019-2021

• In April 2019, Kenya's 4th State report (CCPR/C/KEN/4) on the International Covenant on Civil and Political Rights (CCPR) was published on the CCPR Homepage. It mentions intersex in paras 172-173, however, it only briefly touches upon IGM under “corrective surgeries”  and “medical examination and tests” on intersex babies, further referring to “internationally acceptable [medical] guidelines” in para 173, but remains silent on infanticide and abandonment of intersex children.

• Above January 2020 Thematic Intersex NGO Report (for LOI) by StopIGM.org (INT/CCPR/ICO/KEN/41038) documents recent evidence and testimony from local intersex advocates and expert bodies, namely the Intersex Persons Society of Kenya  (IPSK), the Taskforce on Policy, Legal, Institutional and Administrative Reforms regarding the Intersex Persons in Kenya and the Kenya National Commission on Human Rights (KNCHR), demonstrating that not only medical IGM practices remain  widespread (p. 9-10), but particularly infanticide and abandonment of intersex babies (p. 10-12), too. It further documents insufficient Government initiatives failing to effectively address these practices (p. 14-15), makes the case for an explicit prohibition (p. 12-13), provides background information on such practices (p. 8), and contains Suggested Questions (p. 4).

• During its 128th Session in March 2020, the UN Human Rights Committee (HRCttee) drafted the List of Issues (LOI) with questions to the Kenian Government (CCPR/C/KEN/Q/4). Unfortunately, it didn't include IGM and infanticide, but made reference to the Coroners Service Act of 2017 aimed at investigating and persecutung cases of intanticide (para 14), and discrimination of intersex children (para 5).

NGO Report (for Session) to the 5th Periodic Report of Portugal on the International Covenant on Civil and Political Rights (CCPR)

  
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Compiled by:
StopIGM.org / Zwischengeschlecht.org
 

CCPR Timeline Portugal 2020

• Above February 2020 Thematic Intersex NGO Report (for Session) by StopIGM.org (INT/CCPR/CSS/PRT/41379) documents evidence demonstrating that all forms of IGM practices remain widespread in Portugal (p. 7-11). It further documents insufficient Government initiatives failing to effectively address these practices, namely how Law No. 38/2018 fails to effectively protect intersex children (p. 11-14), and contains Suggested Recommendations (p. 15).

• On March 5-6 2020, CCPR examined the human rights record of Portugal during its 128th Session in Geneva, asking tough questions on IGM and lack of access to justice for IGM survivors, to which the Portuguese delegation failed to give actual answers. >>> Full transcript of intersex Q&A + video links.

• After the Session, CCPR published its Concluding Observations with binding recommendations to Portugal – including yet another strong reprimand for IGM practices, marking the 50th UN reprimand for IGM, and already the 2nd to Portugal!

NGO Submission for OHCHR Report on Discrimination of Women and Girls in Sport (HRC44)

 
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Compiled by:
StopIGM.org / Zwischengeschlecht.org

NGO submission to the Office of the High Commissioner for Human Rights (OHCHR) for a study on elimination of discrimination against women and girls in sport, pursuant to HRC Resolution 40/5, to be submitted to the UN Human Rights Council (HRC) for its 44th session  >>> OHCHR call for submissions
Above submission contains documented evidence of IGM practices, including “feminising” sterilising procedures, “feminising” genital surgery and other non-consensual, harmful and unnecessary treatments imposed on intersex women and girl athletes by sports bodies, sports officials and hired “medical experts” and IGM practicioners, as well as harmful gender and racial stereotypes reinforcing IGM and discrimination of intersex women and girl athletes.

NGO Report (for LOIPR) to the 5th and 6th Report of Switzerland on the Convention on the Rights of the Child (CRC)

 
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Compiled by:
Zwischengeschlecht.org / StopIGM.org
Intersex.ch
SI Selbsthilfe Intersexualität

CRC Timeline Switzerland 2019 – ca. 2021:

• Above July 2019 NGO Report provides solid evidence of ongoing IGM practices in Switzerland (p, 10, 11, 14), no legal protections for children at risk (p. 10-14), no access to redress and justice for survivors (p. 15-17), and no psychosocial and peer support for intersex children and their families (p. 14), in clear contradiction to the 2015 CRC binding recommendations for Switzerland (p. 6-8).

• Also the July 2019 Coalition NGO Report (PDF) compiled by Child Rights Network Switzerland, of which Zwischengeschlecht.org/StopIGM.org is a member, contains sections on intersex and IGM under ”Collection of Data > Genital mutilation” (p. 6 in report / p. 9 in PDF) and “Violence against Children > Genital Mutilation > Intersex Genital Mutilation” (p. 19 in report / p. 22 in PDF).

• Further, there was another July 2019 NGO report by InterAction Suisse, however, it fails to privide any evidence of the ongoing practice in Switzerland or the severe physical and mental pain and suffering caused by IGM practices.

• During its 84th Pre-Sessional Working Group (PSWG) in September 2019, the Committee drafted the List of Issues Prior to Reporting (LOIPR) with questions for Switzerland, including strong ones on intersex and IGM first published in October 2019 (CRC/C/CHE/QPR/5-6, paras 16(b) + 10):

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

[...]

Harmful practices

16. Please provide information on the measures taken to:

   (a)   Prevent and address female genital mutilation;

   (b)   Ensure that intersex children are not subjected to unnecessary medical or surgical treatment and provide adequate counselling, support and access to effective remedies to the victims subjected to such treatment during childhood. Please provide information on whether unnecessary medical or surgical treatment for intersex children is still covered by the disability insurance;

   (c)   Support those in situations of child marriage, and in particular the support provided by the Federal Competence Centre for Forced Marriage to the reported 107 children married in 2017.• Switzerland will then have to answer these question in its State report, due in September 2020.

B. General principles (arts. 2, 3, 6 and 12)

Non-discrimination

10.   Please provide information on social integration initiatives to eliminate, in practice, discrimination against children in marginalized and disadvantaged situations, namely in accessing education, particularly for children with disabilities, children with a migrant background, refugee and asylum-seeking children, and children sans-papiers. Please provide information on the measures taken to eliminate discrimination against lesbian, gay, bisexual, transgender and intersex children, including the adoption of the draft law resulting from the parliamentary initiative Reynard 13.407 "Fight against discrimination based on sexual orientation" and the results of the report of the Federal Council in response to the proposal Naef 12.3543 "Report on the Right to Protection from Discrimination".

• Switzerland will then have to answer these questions in its State Report, due 2020.

• NGOs will therafter have another opportunity to submit NGO reports. Therafter, Switzerland will be examined in Geneva, likely in 2021 – hopefully to be followed by yet another strong reprimand for IGM practices for Switzerland!

NGO Report (for Session) to the 3rd to 6th Report of Portugal on the Convention on the Rights of the Child (CRC)

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Compiled by:
StopIGM.org / Zwischengeschlecht.org

CRC Timeline Portugal Aug-Oct 2019:
• Review of Portugal @ CRC82: Thu 19 Sep 15-18h + Fr 20 Sep 10-13h CEST
   – to be transmitted LIVE on webtv.un.org!  
   UN Press Release on the Session | Communiqué de presse de l'ONU
• On Thursday 3 October 2019, CRC will publish its Concluding observations with binding recommendations for Portugal – hopefully including yet another strong reprimand for IGM practices, and the very first to Portugal!

NGO Report (for Session) to the 6th Periodic Report of Mexico on the International Covenant on Civil and Political Rights (CCPR)

>>> Español (PDF 670 kb)
>>> English (PDF 636 kb) 

Compiled by:
Brújula Intersexual
Vivir y Ser Intersex
StopIGM.org / Zwischengeschlecht.org

CCPR Timeline México Sep-Nov 2019:
• NGO Briefing (private): Mon 14 October
   >>> Declaración conjunta de ONG intersex | Joint Intersex NGO Statement (PDF)
• Review of México: Wed 16 Oct 15-18h + Thu 17 Okt 10-13h CET
   – to be transmitted LIVE on webtv.un.org!
• In Nov 2019, CCPR will publish its Concluding observations with binding recommendations for Mexico – hopefully including yet another strong reprimand for IGM practices for Mexico!

NGO Report (for Session) to the 8th Report of the United Kingdom on the Convention against Torture (CAT)

>>> Download: PDF (623 kb) 

Compiled by:
Intersex NGO Coalition UK
IntersexUK • UK Intersex Association
StopIGM.org / Zwischengeschlecht.org

CAT Chronology UK 2018-19

• Above January 2019 Thematic Intersex NGO Report provided solid evidence of ongoing IGM practices with impunity in all 4 Nations of the UK, advocated and paid for by the State party (p. 10-16), how UK doctors and the NHS conciously dismiss human rights concerns (p. 16). In addition, it contains personal testimony of IGM survivors (20-26).

• On Monday 8 May 2019 NGOs briefed the Committee in a private NGO meeting. For StopIGM.org / Zwischengeschlecht.org, UK IGM survivor Anick provided personal testimony and highlighted the failure of the government to live up to its promises. (Full statement coming soon.)

• On Tuesday 9 + Wednesday 10 May 2019 the human rights record of the UK was examined in Geneva during the 66th CAT session, including a question on IGM and a weak answer by the Delegation. >>> Transcript + Video 

• YAY!! Later in May 2019 CAT published its Concluding observations (CAT/C/GBR/CO/6, paras 64-65) with binding recommendations for the UK – including yet another strong reprimand for IGM practices for the United Kindgdom:

Intersex persons

64. While noting that in January 2019 the Government Equalities Office launched a call for evidence to better understand the experiences of intersex persons in the United Kingdom, the Committee remains concerned about reports of cases of unnecessary surgery and other medical treatment with lifelong consequences, including severe pain and suffering, to which intersex children have been subjected. The Committee is further concerned about the lack of legal provisions providing redress and rehabilitation in such cases (arts. 14 and 16).

65. The State party should ensure that:

(a) The parents or guardians of intersex children receive impartial counselling services and psychological and social support, including information on the possibility of deferring any decision on unnecessary treatment until they can be carried out with the full, free and informed consent of the person concerned;

(b) Persons who have been subjected to such procedures without their consent and resulting in severe pain and suffering obtain redress, including the means for rehabilitation.

NGO Report (for Session) to the 3rd to 6th Report of Malta on the Convention on the Rights of the Child (CRC)

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Compiled by:
StopIGM.org / Zwischengeschlecht.org

CRC Chronology Malta 2019

• Above April 2019 Thematic Intersex NGO Report documents that Malta's law does not live up to the promise of the government to “equalise the penalties applicable to intersex genital mutilation to the penalties applicable to female genital mutilation”, but that serious gaps and legal loopholes persist, and provides solid evidence of how Government agencies, university hospitals and public as well as private health insurances continue to promote and facilitate IGM practices both domestically in Malta and overseas in contractual paediatric clinics.

• An article in the Times of Malta (15.05.2019) on our NGO report highlights Malta's lack of action regarding [WARNING!!!] IGM 1 “hypospadias repair surgery”.

• During its 81th session, in May 2019 the Committee on the Rights of the Child (CRC) will examine the human rights record of Malta, to be transmitted LIVE on webtv.un.org!
   Session 1: Wed 15 May, 15-18h CEST
   Session 2: Thu 16 May, 10-13h CEST
StopIGM.org reported live from Palais Wilson, hoping for strong questions on intersex and IGM! Unsurprisingly, the Government officials flatly denied the practice and tried to sidestep the issue (but privately admitted IGM continues also domestically)
>>> Transcript Intersex Q&A

• After the Session, in June 2019 the CRC will publish its Concluding observations with binding recommendations for Malta – hopefully including yet another strong reprimand for IGM practices, and the very 1st one for Malta!

NGO Report (for Session) to the 8th Report of the United Kingdom on the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)

>>> Download: PDF (430 kb)  

Compiled by:
Intersex NGO Coalition UK
IntersexUK • UK Intersex Association
StopIGM.org / Zwischengeschlecht.org

CEDAW Chronology UK 2018-19

• In June 2018, the initial Thematic Intersex NGO Report (for PSWG) (PDF) provided solid evidence of ongoing IGM practices with impunity in all 4 Nations of the UK, advocated and paid for by the State party (p. 11-16), how UK doctors and the NHS conciously dismiss human rights concerns (p. 17). In addition, it contained background on intersex and IGM (8-10).

• In July 2018 during the CEDAW 72 Pre-Sessional Working Group, the Committee heard NGOs in a private meeting >>> Joint Intersex PSWG NGO Statement 23.07.2018 (PDF):

As an NHS surgeon says, “[...] we remain happy to undertake clitoral reduction surgery [...] Until such time as there is a change in the law, parents will continue to have the right to decide [...]” [5]

CRC [6] recognised IGM in the UK as a harmful practice in 2015, seconded by CRPD [7] [8] in 2017. However, to this day the Government fails to act.
To this day, the UK denies these serious human rights violations, but tries to misrepresent IGM as a “health care” or “gender  identity” issue instead.
This misrepresentation is also evident in the State report. [9]

• The Committee then drafted the List of Issues (LOI) with questions for for the UK, which include a good questions on intersex and IGM under CEDAW art. 5 “harmful practices” (CEDAW/C/GBR/Q/8, para 8):

Discriminatory gender stereotypes and harmful practices

[...]

8. The report indicates that in 2015 the State party introduced a number of provisions to strengthen the Female Genital Mutilation Act in order to help break down barriers to prosecution (para. 183). Please provide information on the extent to which these changes to the law have facilitated the prosecution of female genital mutilation cases in the State party. What progress has been made following the introduction of a mandatory reporting duty, which requires regulated health-care and social-care professionals, as well as teachers, to report to the police all “known” cases of female genital mutilation in girls under the age of 18 years? Please provide information on the progress made to provide medical and psychosocial support to women and girls who are victims of female genital mutilation. Please provide data on the number of surgical and other procedures that have been undertaken on intersex children under the age of 18 years in the State party.

• In November 2018 the UK (non-)answered to the LOI as follows (CEDAW/C/GBR/Q/8/Add.1, para 46):

Intersex children

46.   Issues faced by people who are living with variant sex characteristics is an emerging policy area for Government. UK Government has announced its intention to publish a call for evidence on these issues. The evidence gathered from this exercise will inform the Government’s next steps in this area. UK Government is aware of some calls from the sector to ban the practice of medical interventions on minor’s sex characteristics.

• Above January 2019 follow-up Thematic Intersex NGO Report (for Session) (PDF) documents recent developments including
- Children from Ireland and Malta submitted to IGM in the UK (p. 12);
- Selective intersex abortions (p. 15);
- The  British Association of Paediatric Urologists (BAPU) (p.13), the General Medical Council (GMC) (p. 13) and the Scottish DSD Network (SDSD) (p. 14) admitting to continuing with IGM;
- The Government fails to take effective measures to prevent IGM practices to continue with impunity (p. 18-19);
- Intersex funding is misappropriated by LGBT NGOs (p. 16-17).

• On Monday 25 February 2019 NGOs will have another possibility to brief the Committee in both public and private NGO briefings:
   Private NGO MeetingLunchtime
   Public NGO Briefing: 16-17h CET (3pm-5pm UK time)
   >>> UK Intersex Coalition: CEDAW72 Briefing Update (PDF)

• On Tuesday 26 February 2019 the human rights record of the UK will be examined in Geneva during the 72nd CEDAW session:
   Session 1: 10-13h CET (9am-noon UK time)
   Session 1: 15-17h CET (2pm-4pm UK time)
   to be transmitted LIVE on webtv.un.org!

• In March 2019 CEDAW will publish its Concluding observations with binding recommendations for the UK – hopefully including yet another strong reprimand for IGM practices for the UK!

NGO Report (for Session) to the 5th and 6th Report of Italy on the Convention on the Rights of the Child (CRC)

>>>  Download (PDF 450 kb)

Compiled by:
Claudia Balsamo
StopIGM.org / Zwischengeschlecht.org
Endorsed by:
Intersexioni • Intersex Esiste

CRC Chronology Italy 2018-19

• In March 2018, the initial Thematic Intersex NGO Report (for PSWG) (PDF) provided solid evidence of ongoing IGM practices in Italy, advocated and paid for by the State party (p. 10-14). In addition, it shows how Italian case law promotes and endorses IGM by punishing its prevention (p. 11-12).

• In June 2018 during the CRC80 Pre-Sessional Working Group, the Committee heard NGOs in a private meeting >>> Joint Intersex PSWG NGO Statement 06.06.2018 (PDF):

[...] from an interview with an Italian paediatric urologist conducted for a forthcoming study on intersex human rights in Italy presented yesterday at a conference at the University of Bologna:

“I carry out a large number of genitoplasty operations [that is partial clitoris amputation and vaginoplasty] when the children are no more than one year old...then before menarche we run a check in the operating room and if there is a vaginal tightening we re-operate. This is so the girl feels alright, instead of waiting and saying ‘well if she starts being sexually active then we’ll perform surgery...’” [1] [...]

The persistence of IGM in Italian clinics is a matter of public record, as is the criticism of persons concerned and their organisations, also to Government bodies including the Ministry of Health and the Italian Senate. In addition, CRPD [4] has already considered IGM practices in Italy as a serious human rights violation. Nonetheless, the Italian Government still refuses to take any appropriate action to protect intersex children. [...]

• The Committee then drafted the List of Issues (LOI) with questions for Italy, which was published in July 2018 and includes good questions on intersex and IGM (CRC/C/ITA/Q/5-6, para 17 e–f):

17. Please provide, if available, updated statistical data disaggregated by age, sex, ethnic origin, national origin, geographic location and socioeconomic status, for the past three years, on: [...]

(e) Children who are born intersex;

(f) The number of non-urgent, irreversible surgical and other procedures that have been undertaken on intersex children before an age at which they are able to provide informed consent;

• In Italy's written answers to the LOI published in October 2018, the State party replied (CRC/C/ITA/Q/5-6/Add.1, paras 105-106).

Question 17

[...]

(e) [Data on intersex births]

105. No data is available in this area, as the Italian legislation does not allow for the registration of children at birth as intersex

(f) [Data on non-urgent, non-consensual prodecures on intersex children]

106. Data on this point is available in Annex I (Tab 17).

The Annex I referred to (INT/CRC/ARL/ITA/33009, tab 17) [ Original XLS file currently not available: Mirror full intersex data PDF (132 kb) | XLS (83 kb) | Mirror complete annexe (XLS 4 MB) ], contains the following summarised data:

- A list of 7 ICD9-CM diagnoses used to determine intersex cases ("DSD")

- A list of 15 ICD9-CM procedures to determine cases of relevant "urogenital surgical procedures"

- Statistics 2015-17 of "Non-urgent hospital discharges for DSD with and without surgical procedures. Age 0-17", with totals:
   2015: 1418
   2016: 1379
   2017: 1252

- Statistics 2015-17 of "Non-urgent hospital discharges for DSD with surgical procedures. Age 0-17", with totals:
   2015: 12
   2016: 13
   2017:   3

- An overview 2015-17 of percentages of "hospital discharges for DSD" with "non-urgent [...] surgical procedures" (out of total "non-urgent [...] discharges for DSD"):
   2015: 0.8%
   2016: 0.9%
   2017: 0.2%

• Above December 2018 follow-up Thematic Intersex NGO Report (for Session) (PDF) investigates the statistic claims made by Italy, and documents much higher numbers published by Italian IGM doctors themselves (p. 10-12). It also contains personal testimonies from IGM survivors (p. 14-19), and extensive evidence of the most common IGM practices in Italy (p. 20-24).

• During the 80th CRC Session in Geneva, on 22-23 January 2019 the Committee will examined the human rights record of Italy – including strong questions on intersex and IGM, archived on webtv.un.org:
   Session 1: Tue 22 January 2019, 15-18h Report | Video
   Session 2: Wed 23 January 2019, 10-13h  Report | Video
   When CRC asked about harmful practices on intersex children,
   Italy answered on trans legislation and 3rd gender in birth assistance certificates ...
   >>> CRC80 Italy Session Report, Transcripts, Videos

• In February 2019 the CRC will publish its Concluding observations with binding recommendations for Italy – hopefully followed by yet another strong reprimand for IGM practices for Italy!