Promoting and Protecting Human Rights in relation to Sexual Orientation, Gender Identity and Sex Characteristics A Manual for National Human Rights Institutions 4.4.2. Anti-discrimination laws Intersex people have the same right to freedom from discrimination as other people. However, it is rare for anti-discrimination laws in this or any other region to explicitly prohibit discrimination against intersex people or to clarify that intersex people are covered under other grounds. This leaves intersex people vulnerable to discriminatory practices in a range of settings, including access to health services, education, public services, employment and sports.313 Australia is one of only two countries in the world that provides explicit legal protection for intersex people. In 2013, it added ‘intersex status’ as a prohibited ground of discrimination under the federal Sex Discrimination Act 1984.314 This visibility helps draw attention to the specific human rights issues faced by intersex people. Some other NHRIs in the Asia Pacific region have accepted discrimination complaints against intersex people under the ground of sex.315 Viet Nam is one of the many countries in the region that has no explicit anti-discrimination provisions dealing with sexual orientation, gender identity or sex characteristics, despite accepting a 2014 recommendation of the Universal Periodic Review to prohibit discrimination based on sexual orientation or gender identity. Viet Nam’s only anti-discrimination protection is for intersex people who have undergone ‘sex reassignment’.316 Intersex activists in other parts of the region have advocated for antidiscrimination protections for intersex people. This includes approaches to the Equal Opportunities Commission in Hong Kong.317 OHCHR has identified two priority actions to address discrimination experienced by intersex people: • prohibit discrimination on the basis of intersex traits, characteristics or status, including in education, health care, employment, sports and access to public services, and address such discrimination through relevant anti-discrimination initiatives • ensure that members of the judiciary, immigration officers, law enforcement, healthcare, education and other officials and personnel are trained to respect and provide equal treatment to intersex persons.318 Photo by Esan Regmi. 78 313 OHCHR, Fact Sheet: Intersex, 2015. 314 The Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013 added intersex status, gender identity and sexual orientation as prohibited grounds of discrimination. The only other country providing protection is Malta, where the Gender Identity, Gender Expression and Sex Characteristics Act 2015 prohibits discrimination on the basis of ‘sex characteristics’. 315 For example, the New Zealand Human Rights Commission. 316 Government of Viet Nam, Decree No. 88/2008/ND-CP of August 5, 2008, on Sex Reassignment, article 4(4). 317 Small Luk, ‘Intersex Report from Hong Kong’, produced for the Being LGBT in Asia Regional Dialogue, February 2015. 318 OHCHR, Fact Sheet: Intersex, 2015.