Part I Experiences of being lesbian, gay, bisexual, transgender and intersex in the Asia Pacific
• adopt legal provisions to provide redress to the victims of this treatment, including adequate
compensation307
• educate and train medical and psychological professionals on the range of sexual and related
biological and physical diversity and/or the human rights of intersex people.308
More broadly, the treaty monitoring bodies have urged States to fully consult intersex people and enter
into dialogue with their NGOs to understand their human rights issues and to take effective active to
protect their human rights.309
4.4. DISCRIMINATION
4.4.1. Intersex people experience discrimination
Intersex people frequently experience discrimination when their intersex status or sex characteristics
become known or if they are perceived not to conform to gender norms.310
In Guangdong, a young intersex woman can’t find a job because of her intersex variation.
Although she has the technical ability to fulfil a job, and she has female documents, her
gender-neutral appearance meant that she lost her job. She returned to her family but faces
discrimination from family and neighbours.
Small Luk, intersex activist, Hong Kong310
Discrimination against intersex people may involve harassment, abuse or exclusion from activities or
facilities because of their bodily diversity or sex characteristics. People with intersex traits are particularly
vulnerable to discrimination in circumstances when their bodies are examined or searched.
In the Asia Pacific region, a major Australian research study has documented how negative perceptions
of intersex traits impact on dignity and equality for intersex people in education and employment, and
in their intimate lives.311
In 2015, the Committee on the Rights of the Child noted its concern about “continuing negative
attitudes and discrimination faced by … intersex children” in its concluding observations to Chile. It
recommended that the Chilean government “strengthen its efforts to combat negative attitudes and
eliminate discrimination against children on the basis of their actual or perceived … sex characteristics”.312
307
Committee against Torture, 2011, Concluding Observations: Germany; CAT/C/DEU/CO/5; Committee on the Rights of the
Child, Concluding Observations: Chile, 2015, CRC/C/CHL/CO/4-5, para. 49; Committee on the Rights of the Child, Concluding
Observations: Ireland, 2016, CRC/C/IRL/CO/3-4, para. 40; Committee against Torture, Concluding Observations: Austria,
2016, CAT/C/AUT/CO/6, para. 45; Committee against Torture, Concluding Observations: Denmark, 2016, CAT/C/DNK/CO/6-7,
para. 43; Committee against Torture, Concluding Observations: China Hong Kong, 2016, CAT/C/CHN-HKG/CO/5, para. 29;
Committee against Torture, Concluding Observations: China, 2016, CAT/C/CHN/CO/5, para. 56.
308
Committee against Torture, Concluding Observations: Germany, 2011, CAT/C/DEU/CO/5; Committee on the Rights of the
Child, Concluding Observations: Ireland, 2016, CRC/C/IRL/CO/3-4, para. 40; Committee on the Rights of the Child, Concluding
Observations: France, 2016, CRC/C/FRA/CO/5, para. 48; Committee against Torture, Concluding Observations: China, 2016,
CAT/C/CHN/CO/5 para 56.
309
Committee on Economic, Social and Cultural Rights, Concluding Observations: Germany, E/C.12/DEU/CO/5; Committee on the
Elimination of Discrimination Against Women, Concluding Observations: Germany, 2009, CEDAW/C/DEU/CO/6, paras. 61-62.
310
Small Luk, 20 October 2015.
311
T. Jones, B. Hart, M. Carpenter, G. Ansara, W. Leonard and J. Lucke, Intersex: Stories and Statistics from Australia, 2016.
312
Committee on the Rights of the Child, Concluding Observations: Chile, 2015, CRC/C/CHL/CO/4-5.
Chapter 4: Being intersex in Asia and the Pacific | 77