category forcibly outs intersex people and infants, if it is an option that infants can be assigned to.144 Social and legal support for people not legally recognised as male or female is lacking, thus a third sex option for people with variations of sex characteristics has the potential to cause them harm.145 It also assumes that a diagnosis is given at birth based on external anatomy. In reality, an individual with an intersex variation can receive a diagnosis at a range of times in their life, including before birth (pre-natal), at birth, at puberty, when trying to conceive, post-mortem, or by chance.146 Some work is underway in the medical field to establish a registry of intersex people in Aotearoa.147 Medical information collected from consenting participants will help to ascertain the number and types of intersex variations in New Zealand. Based on the i-DSD registry in the United Kingdom,148 this information would be held in a single repository, and aid in providing a more complete picture of intersex people in Aotearoa. It is hoped that this will improve long-term followup and care outcomes for those with diverse sex characteristics. Data reflective of society SOGIESC-diverse people are particularly vulnerable to human rights breaches through being chronically under-served and underresourced, on top of the heightened stigma and discrimination they experience.149 The invisibility of certain populations, such as takatāpui, within SOGIESC diverse communities requires consideration of the associated human rights implications. The unmet information and data needs for SOGIESC-diverse people will become clearer in the chapters that follow. RECOMMENDATIONS: Develop and implement, in consultation with SOGIESC-diverse people, a comprehensive plan to collect sexual orientation, gender identity, and sex characteristics data in population and household surveys; Develop definitions, classifications, data standards, and data collection guidelines reflective of SOGIESC-diverse groups in accordance with this plan. (S. Lum, personal communication to T. Polkinghorne and others, August 16, 2018). Joint statement by Australia and Aotearoa/New Zealand intersex community organisations and independent advocates Darlington Statement (March 2017) at [8]. 146 Joint statement by Australia and Aotearoa/New Zealand intersex community organisations and independent advocates Darlington Statement (March 2017) at [A]. 147 In response to the recommendations received by the New Zealand government from the UN Committee on the Rights of the Child in 2016, the Ministry of Health established a Child & Youth Intersex Clinical Reference Group. The group is mandated to recommend “existing... tools that may support the establishment of a national data set and/or audit system for intersex children and youth.” See Paediatric Society New Zealand Annual Report 1 July 2017 – 30 June 2018: New Zealand Child and Youth Clinical Network (February 2019). 148 i-DSD registry “i-DSD registry” (undated) <i-DSD registry>. 149 Victor Madrigal-Borloz Report to the Human Rights Council by the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity UN Doc A/HRC/41/45 (14 May 2019). 144 145 27

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