Celebrating 10 years of the Yogyakarta Principles: What have we learnt and where to now? Self determination • There is the need to create a system of self-determination • Definitions in relation to bodily diversity, intersex and sex characteristics are not clear • There are also related concerns about the rights of those who alter their legal records of gender • Need to address through the lens and aspects of health and bodily autonomy plus diversity – which still remain underutilised entry points • Although there is some resistance to issues related to bodily autonomy, it is important to refer to ‘self-determination’ of the intersex people. Legal recognition • Gaps in recognition before the law for intersex persons • Assignment of sex is effectively a prerequisite for being a person before the law as well as all the rights that flow from being a person (e.g. Right to recognition before the law) • Legal frameworks often confuse sex and gender. Question 2: Roles of specific actors States/advocates/NGOs • ‘Harmful practices’ could be a useful entry point. Some treaty bodies have issued General Comments on harmful practices. When states/advocates/NGOs engage in these issues, they could work on strategising and applying these rules in relation to sex characteristics. CRC advocates could be invited to further discuss this relationship. State agencies • Need to address state practices of enforcing a particular gender identity assignment when a child is born with intersex variation or when the birth certificate is issued. CSOs/advocates • Raise issues of intersex people who need medical interventions (e.g. Genital correction surgery) – these issues cannot be fully addressed by simply ceasing surgery. Workstation 2: Gender identity and gender expression Facilitator Cianán Russell, APTN Rapporteur Moises Pereira, NHRI Timor Leste Question 1: Gaps in the Yogyakarta Principles in relation to gender identity • Explicit discussion on gender expression is absent in the Yogyakarta Principles • There is no reference to freedom of movement – in the context of gender identity • Lack of reference to cultural identity • Although the Yogyakarta Principles uses non-binary language, the relationship between SO, GI, and GE is not clear 26