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
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