Promoting and Protecting Human Rights in relation to Sexual Orientation, Gender Identity and Sex Characteristics
A Manual for National Human Rights Institutions
Based on the higher estimate, there are as many intersex people in the world as people with red hair or
people with green eyes.
4.2. HUMAN RIGHTS ISSUES
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All human beings are born equal in dignity and rights. Those foundational, bedrock principles
of universality and equality mean that all of us, without exception, and regardless of our
sex characteristics, are equally entitled to the protections of international human rights law.
Unfortunately, the myth that all human beings belong to one of two distinct and separate sexes
is deep-rooted, and it contributes to the stigma, and even taboo, attached to being intersex. This
is linked to … very serious human rights violations … They include … infanticides of intersex
babies; and widespread and life-long discrimination, including in education, employment, health,
sports [and] accessing public services …
Zeid Ra’ad Al Hussein, High Commissioner for Human Rights239
At an expert meeting on ending human rights violations against intersex persons held in September
2015, the High Commissioner for Human Rights reflected a more sustained focus on intersex human
rights issues within the international human rights mechanisms and UN agencies. His comments also
demonstrated the evolution of terms being used to describe discrimination against intersex people.
Following on from the April 2014 Malta law, the High Commissioner identified ‘sex characteristics’ as a
prohibited ground of discrimination. This terminology has subsequently been used by the Committee on
the Rights of the Child.240
4.2.1. Invisibility, secrecy and shame
There is typically very limited knowledge and experience, including within NHRIs, of human rights
violations against intersex people. In his 2015 statement, the High Commissioner for Human Rights
spoke about this relative invisibility, highlighted the seriousness of the human rights issues that intersex
people face and called for their bodily diversity to be protected and celebrated:
When I started as High Commissioner a year ago, I knew little about intersex people. I don’t think I was
alone in this: it reflects a general lack of awareness. Too many people assume, without really thinking about
it, that everyone can be fitted into two distinct and mutually exclusive categories: male or female. But in
fact, human beings – like most living beings – are more diverse and complex than that. Our diversity – the
differences between our experiences and perspectives, as well as the shapes of our bodies – is something
that we should celebrate and protect, in all its forms.241
Intersex people’s experiences of bodily diversity are commonly shrouded in secrecy and shame, due
to societal norms and medical practice that treat physical diversity as an abnormality to be fixed. This
silence has enabled human rights violations to continue unchecked and has left intersex adults with little
or no support for ongoing physical and mental suffering.242
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239
Opening remarks by High Commissioner for Human Rights at the Expert meeting on ending human rights violations against intersex
persons, 16 September 2015, Geneva; at www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16431&LangID=E.
240
Committee on the Rights of the Child, 2015, CRC/C/CHL/CO/4-5, para. 25.
241
Opening remarks by High Commissioner for Human Rights at the Expert meeting on ending human rights violations against
intersex persons, 16 September 2015, Geneva.
242
OHCHR, Fact Sheet: Intersex, 2015.