Celebrating 10 years of the Yogyakarta Principles: What have we learnt and where to now?
• There is no clarity on how ‘age of consent’ or maturity is defined, especially in the context of
intersex people
• Clarity is needed on the issue of non-consensual medical interventions, especially involving children
with intersex variations. Such interventions constitute human rights violations at the time of the
procedure, but also continues as a violation throughout life
• There is a disconnect between the SOGIE framework and sex characteristics. SOGIE’s focus is not
on bodies, while the intersex movement focuses on the body. T needs to be further recognition of
the parallel dimensions with the disability movement
• There are concerns about the use of medical ‘evidence’
• Clarity is needed to identify the impact of third categories on birth certificates – including both
positive and negative consequences, especially for intersex people.
Relationship between gender identity and intersex
• There is confusion about the relationship between gender identity and intersex and the Principles
don’t offer clarity to the ‘movement’ in relation to intersex
• Confusions in the use of SOGIE or SOGIESC (Sexual Orientation, Gender Identity, Gender
Expression and Sex Characteristics) – there is a need to embrace SOGIESC.
Advocacy
• The issues related to female genital mutilation (FGM) and approaches taken by human rights
advocates provide some important lessons for intersex advocacy – note that some States’ laws
against FGM have express exemptions regarding intersex interventions
• Lack of education in the community about definitions and differences between gender identity and
intersex variation – there is the need to educate everyone at all levels
• There was a lack of adequate consultation with regard to intersex awareness when ‘I’ (intersex)
was inserted into the LGBT schema.
Intersex and children (ref CRC)
• There are gaps in conceptions of age and maturity – there are concerns about forms and
assumptions about medical interventions, which are regarded as more of a gap regarding bodily
autonomy
• The current definition of age of maturity (Principle 18) is drafted to be in compliance with the
definitions of the Convention on the Rights of the Child (CRC) is contentious
• There is also the absence of the language of ‘unnecessary’ in the context of medical procedures
• There are strong concerns from intersex people regarding Principle18 especially in relation to
contentions with the CRC – there is a need to uncouple the Principles’ definitions from those of the
CRC
• There is a desire to talk about the ‘best interest of the child’ – in the context of age and maturity
and the preferences for alternative, developmental states and emphasis on autonomy –
alternatively, instead of removing ‘best interest’, it could be useful to be more explicit about what
these interests are
• It is time to use other normative language – e.g. ‘harmful practices’ instead of torture framings
• Some caveats around the current wording of Principle 18 – the need for a child rights perspective
including around the evolving ‘capacity’ of the child
• Potential problems when the child is not old enough and decisions about the best interest of the
child are determined is made by others e.g. – courts/doctors/child advocates
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