the concrete problems faced by intersex individuals in life, e.g. gender
registration issues and the need for medical operations.
153. Some intersex children who are born with unidentifiable sex characteristics
or who do not satisfy the traditional definitions of two sexes are forced to
accept “normalization” surgery too early, as their parents are under pressure
in birth registration and have no adequate medical guidance for reference.
The Ministry of Health and Welfare has failed to prepare related medical care
guidance or parent handbooks to provide assistance. As a result, intersex
children are likely to be forced to undergo unnecessary surgery too early.
Upon investigation and subsequent follow-up by the Control Yuan, the
Ministry of Health and Welfare has on October 11, 2018, already
promulgated the “Recommended Principles for Medical Corrective Surgery
of Underaged Intersex People,” and also put together a list of suggested
referral hospitals and information about outpatient services in order to
prevent intersex or genderless children from accepting non-urgent and
irreversible gender surgery too early.
154. For the birth registration system, it is necessary to specifically identify gender.
However, in ID cards, the Government could take into account other countries’
practices and experts’ and scholars’ opinions and make certain amendments to
the categories of gender, e.g. a registration of a third gender, or genderless, or
other notation. Under the birth registration system, the gender of intersex
people is often “decided” prematurely by their parents or due to social
influence. Intersex individuals often need to alter their gender registration
when they come to puberty or adulthood. The Government has convened
multiple meetings on the gender alteration registration issues, but still has yet
to come to any conclusion. Current practices still require that intersex people
are only allowed to register alteration of their gender if they present diagnosis
certificates issued by two psychiatrists and a certification of removal of their
reproductive organs. Such requirements fail to comply with Point 50 of the
Concluding Observations and Recommendations adopted by the International
Review Committee for the Review of the Second Report, stating that it should
“conduct research into the situation of intersex people, and formulate policy
guidance, including the prohibition of medically unnecessary operations of
removing otherwise healthy reproductive organs.”
155. The traditional binary gender categorization has caused troubles for intersex
people in all respects of their adaptation to society. The government is lacking
in knowledge of and support for the intersex community. Intersex people are
often discriminated against in education, or when engaging in any type of
work. No related laws and regulations have been enacted to deal with the
problems intersex people face when participating in sports competitions.
Social support measures are clearly insufficient. The government should
proactively acknowledge the physical existence of intersex people. It is also
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