Friday, January 25 2019

2018 CRC Belgium Intersex NGO Report

2018 CRC Belgium NGO (for Session) Intersex IGM

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

>>>  Download (PDF 210 kb)

Compiled by:
Thierry Bosman
StopIGM.org / Zwischengeschlecht.org
Endorsed by:
Intersex Belgium

CRC Chronology Belgium 2018-19

2018 CRC Belgium NGO (for PSWG) Intersex IGM

In March 2018, the initial Thematic Intersex NGO Report (for PSWG) (PDF) provided solid evidence of ongoing IGM practices in Belgium, advocated and paid for by the State party. In addition, it showed that also children from neighbouring Luxembourg are sent to Belgium for IGM practices.

In June 2018 during the CRC80 Pre-Sessional Working Group, the Committee heard NGOs in a private meeting. From the Joint Intersex PSWG NGO Statement 04.06.2018:

[...] As our NGO report proves, today Intersex Genital Mutilations are still practiced in Belgium, paid for by the public health system. And also intersex children from Luxembourg are sent to Belgium for surgery. [...] What’s more, it is my understanding that the Ghent university hospital is actively recruiting foreign intersex children from waiting lists of NHS clinics in the UK, including children from Malta. [...]

The Committee then drafted the List of Issues (LOI) with questions for Belgium, which was published in July 2018 and includes a good question on intersex and IGM (CRC/C/BEL/Q/5-6, para 8):

8. [...] With respect to paragraphs 133 to 135 of the State party’s report, please provide information on the progress made in eliminating harmful practices such as female and intersex genital mutilation and child marriage.

In Belgium's written answers to the LOI in writing published in November 2018, the State party replied (CRC/C/BEL/Q/5-6/Add.1, [between paras 57 and 58]):

[Unofficial English] Intersex children

• Study (federal, 2016) on terminology and care discourse concerning intersex people in Belgium. Afterwards, a study on the living situation of these people (Flanders).

• Support for the creation of a website for people born with atypical sexual characteristics by Flanders.

• Federal funding for the development of information kits for intersex children and parents.

• Subsidy to associations fighting against genital mutilation of intersex children, such as Genres pluriels.

[Original French] Enfants intersexes

• Etude (fédérale, 2016) sur la terminologie et le discours de prise en charge concernant les personnes intersexes en Belgique. Ensuite, étude sur la situation de vie de ces personnes (Flandre).

• Soutien à la création d’un site web concernant les personnes nées avec des caractéristiques sexuelles atypiques par la Flandre.

• Financement fédéral de l’élaboration de trousses d’information adressées aux enfants intersexes et aux parents.

• Subvention d’associations luttant contre les mutilations génitales des enfants intersexes, telles Genres pluriels.

2018 CRC Belgium NGO (for Session) Intersex IGM Above December 2018 follow-up Thematic Intersex NGO Report (for Session) (PDF) documents recent developments including also children from Luxembourg and Malta submitted to IGM in Belgium (p. 7), Belgian hospitals involved in international IGM networks (p. 7-8), and how Belgian government bodies, in the name of promoting "Rights of intersex people", in fact further promote and subsidise IGM practicioners and their institutions (p. 8-10); and it investigates the claims made by Belgium in its answers to the LOI (p. 11-14). The submitted version of the Report also contains a personal testimony of an IGM survivor (not included in the public version).

During the 80th CRC Session in Geneva, on 24-25 January 2019 the Committee examined the human rights record of Belgium including strong questions on intersex and IGM, archived on webtv.un.org:
   Session 1: Thu 24 January 2019, 15-18h Report | Video
   Session 2: Fr 25 January 2019, 10-13h Report | Video
  
When CRC asked about harmful practices on intersex children,
   Belgium replied it's "medical treatment" , NOT a human rights issue ...

   >>> CRC80 Belgium Session Report, Transcripts, Videos

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

Tuesday, January 22 2019

2018 CRC Italy Intersex NGO Report (for Session)

2018 CRC Italy NGO (for Session) Intersex IGM

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

2018 CRC Italy NGO (for PSWG) Intersex IGM

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%

2018 CRC Italy NGO (for Session) Intersex IGM 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!

Sunday, May 13 2018

2018 CRC Argentina Intersex NGO Report (for Session)

2018 CRC Argentina ONG Intersex IGM

NGO Report to the 5th and 6th Periodic Report of Argentina on the Convention on the Rights of the Child (CRC)

>>> English (PDF 386 kb)
>>> Español (PDF 520 kb)

Compiled by:
Justicia Intersex
Brújula Intersexual / Brújula Inters. Argentina
StopIGM.org / Zwischengeschlecht.org

CRC Timeline Argentina 2017-18:

September 2017: Pre-session NGO Report by StopIGM.org, presenting solid evidence of how today healthy intersex children are still submitted to IGM, paid for by the Universal Health Care System under the oversight of the Argentinian Ministry of Health, causing lifelong severe pain and suffering (>>> Download PDF).

April 2017: Above Joint Thematic NGO Report, providing updated solid evidence of how today healthy intersex children are still submitted to IGM, paid for by the Universal Health Care System under the oversight of the Argentinian Ministry of Health, causing lifelong severe pain and suffering (p. 10, 12-16), as well as of the lack of legislative provisions to effectively protect intersex children from IGM (p. 10-11, 17) and to ensure access to redress for IGM survivors (p. 18).

May 2018: In addition, the above Thematic NGO report has been endorsed by the Coordinadora de Profesionales por la Prevención de Abusos (CoPPA) >>> PDF English | Español  

• Mon 14 May 2018, 15-18h CET + Tue 15 May, 10-13h CET
   Review of Argentina
during CRC 78th Session in Geneva
   >>> Videos + Summary  >>>
UN Press Release English | French

June 2018: The Concluding Observations for Argentina included another reprimand for IGM under "harmful practices", though unfortunately they fell short of explicitly reccomending effective legislative measures required to combat harmful practices (as stipulated e.g. in the CRC-CEDAW Joint General Comment/Recommendation No. 18/31 "on harmful practices"):

CRC/C/ARG/CO/5-6, paras 26, 14(a)  >>> UN Download Page

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

[...]

Harmful practices [art. 24(3)]

26. The Committee recommends that the State party develop and implement a rights-based health-care protocol for intersex children, ensuring that no child is subjected to unnecessary surgery or treatment and that children are involved, to the greatest extent possible, in decision-making about their treatment and care. Families with intersex children should be provided with ad equate counselling and support.

---------

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

Non-discrimination

14. The Committee recognizes the adoption of anti-discrimination legislation and the development of a national plan against discrimination. It remains deeply concerned, however, at reports of persisting de facto discrimination, social exclusion and physical, sexual and psychological abuse of children on the grounds of disability, indigenous origin and socioeconomic status. In this regard, the Committee reiterates its previous recommendations (CRC/C/ARG/CO/3-4, para. 33), and urges the State party:

(a) To ensure full implementation of relevant existing laws prohibiting discrimination, including by strengthening public education campaigns to address negative social attitudes towards indigenous children, children with disabilities, minority children, children from migrant backgrounds, and lesbian, gay, bisexual, transgender and intersex children;

Thursday, March 29 2018

2018 CRC PSWG Belgium Intersex NGO Report

2018 CRC Belgium NGO (for PSWG) Intersex IGM

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

  
>>>  Download (PDF 376 kb)

  
Compiled by:
Thierry Bosman
StopIGM.org / Zwischengeschlecht.org

CRC Timeline Belgium 2018-19

Above March 2018 NGO Report (for PSWG) provides solid evidence of ongoing IGM practices in Belgium, advocated and paid for by the State party. In addition, it shows that also children from neighbouring Luxembourg are sent to Belgium for IGM practices.

In June 2018 during the CRC80 Pre-Sessional Working Group, the Committee heard NGOs in a private meeting. From the Joint Intersex PSWG NGO Statement 04.06.2018:

[...] As our NGO report proves, today Intersex Genital Mutilations are still practiced in Belgium, paid for by the public health system. And also intersex children from Luxembourg are sent to Belgium for surgery. [...] What’s more, it is my understanding that the Ghent university hospital is actively recruiting foreign intersex children from waiting lists of NHS clinics in the UK, including children from Malta. [...]

The Committee then drafted the List of Issues (LOI) with questions for for Belgium, which was published in July 2018 and includes a good question on intersex and IGM (CRC/C/BEL/Q/5-6, para 8):

8. [...] With respect to paragraphs 133 to 135 of the State party’s report, please provide information on the progress made in eliminating harmful practices such as female and intersex genital mutilation and child marriage.

The State party has now to answer to the LOI in writing. Thereafter, NGOs will have another possibility to submit NGO reports.

Finally the actual State review will take place in January 2019 Geneva, hopefully followed by yet another strong reprimand for IGM practices for Belgium.

>>> Full Chronology CRC Belgium 2018-19

2018 CRC PSWG Italy Intersex NGO Report

2018 CRC Italy NGO (for PSWG) Intersex IGM

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

>>>  Download (PDF 391 kb)

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

CRC Timeline Italy 2018-19 (Part 1)

Above March 2018 NGO Report (for PSWG) provides solid evidence of ongoing IGM practices in Italy, advocated and paid for by the State party. In addition, it shows how Italian case law promotes and endorses IGM by punishing its prevention.

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 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;• The State party has now to answer to the LOIPR in writing in its State report. Thereafter, NGOs will have another possibility to submit NGO reports.

The State party has now to answer to the LOI in writing. Thereafter, NGOs will have another possibility to submit NGO reports.

Finally the actual State review will take place in January 2019 Geneva, hopefully followed by yet another strong reprimand for IGM practices for Italy.

>>> Full Chronology CRC Italy 2018-19 

Thursday, January 18 2018

2018 CRC Spain Intersex Endorsement

2018 CRC España Aprobación del Informe ONG Intersex IGM

Endorsement of Intersex NGO Report to the 5th and 6th Periodic Report of Spain on the Convention on the Rights of the Child (CRC)

>>> Download Español (DOCX 106 kb)
>>> Download English (DOCX 107 kb)

Compiled by:
Coordinadora de Profesionales por la
Prevención de Abusos (CoPPA)

Endorsement of the 2017 Thematic Intersex NGO Report for Spain by Brújula Intersexual and StopIGM.org / Zwischengeschlecht.org.   >>> Timeline CRC Spain 2017-18