At present, gaps in service delivery are filled by
community organisations which are not funded
to do this work. Peer-led support models provide
protective factors but are not sustainable longterm without adequate resourcing.230 Responses
by, and for, the community have the most buy-in
and success, but tend to be the least resourced,
operating on minimal funding and/or run by
volunteers.231 He Ara Oranga confirmed that
responses to strengthen protective factors for
SOGIESC-diverse people are best led by them in a
collaborative way with health services.232
Medical interventions to alter sex
characteristics
Accounts and testimonies from intersex people
in Aotearoa New Zealand and overseas have
described the key human rights issue impacting
their lives.233 These include the practices of nonlife preserving surgical and hormonal intervention
at an age before a person can participate in
decisions related to the management of their
health; a pathologising approach to normalising
diverse sex characteristics. Such practices violate
the right to bodily autonomy, and associated
rights to freedom from torture and ill-treatment.234
The surgical approach to genital normalisation
became common in the 1970s and has been used
to justify performing thousands of surgeries on
people with variations of sex characteristics.235
Sex characteristics are not binary, but bimodal.236
Differences in the definitions of intersex have
implications on which variations are counted,237
with only some variations visible at birth. When
a new-born baby is visibly intersex, ‘genital
normalisation’ surgeries often take place,
including in present-day New Zealand.238 These
procedures make intersex bodies conform to
sex and gender stereotypes by altering internal
and external organs to make them ‘consistent.’239
These practices have lifelong physical and mental
consequences and are rooted in the idea that
women must be able to have vaginal intercourse
and men must be able to stand to urinate.
Section 204A(3)(a) of the Crimes Act makes such
procedures legal in New Zealand.240
Intersex people who have been subject to
medical or surgical intervention often have
difficulty accessing their complete health records,
despite the legal requirement of retention of,
and access to, these files.241 Because of the
intention to minimise diversity and normalise
sex characteristics, some people are told their
Protective factors are characteristics associated with a lower likelihood of negative outcomes. In contrast, risk factors are
characteristics at the biological, psychological, family, community, or cultural level that precede and are associated with a higher
likelihood of negative outcomes. See Substance Abuse and Mental Health Services Administration “Risk and Protective Factors”
SAMHSA <www.samhsa.gov>
231
Aotearoa New Zealand IDAHOBIT Day Coalition Submission to the Universal Periodic Review (2018).
232
He Ara Oranga: Report of the Government Inquiry into Mental Health and Addiction (4 December 2018) at 37.
233
New Zealand Human Rights Commission Intersex roundtable report 2016: The practice of genital normalisation on intersex children in
Aotearoa New Zealand (Wellington, 2016) at 10; Steph Lum (ed) YOUth and I: Issue 1; Amnesty International “Taiwan: Valentine’s Day
for intersex activist Hiker” (14 February 2018) <https://www.amnesty.org/en/>; United Nations Office of the High Commissioner for
Human Rights Background Note on Human Rights Violations against Intersex people (October 2019).
234
United Nations Office of the High Commissioner for Human Rights “Free & Equal fact sheet: Intersex” (October 2015) United
Nations Free & Equal <www.unfe.org>.
235
In the 1960s, New Zealand-American psychologist John Money developed a hypothesis that gender was social and environmental
rather than innate, and as such could be changed via nurture. He believed that surgical intervention to an infant or child’s
sex characteristics, including their genitals, to conform to ‘ideal’ male or female standards, would result in successful gender
assignment.
236
The bell curves of ‘male’ and ‘female’ sex characteristics overlap, rather than being mutually exclusive in two distinct and separate
(binary) categories. Bimodal distribution means to have two peaks.
237
New Zealand Human Rights Commission Intersex roundtable report 2016: The practice of genital normalisation on intersex children
in Aotearoa New Zealand (Wellington, 2016) at 2; Georgiann Davis Contesting Intersex: The Dubious Diagnosis (NYU Press, New York,
2015).
238
Committee Against Torture Seventh periodic report submitted by New Zealand under article 19 of the Convention pursuant to the
optional reporting procedure, due in 2019 (25 September 2019) at [329] and [330].
239
United Nations Office of the High Commissioner for Human Rights Background Note on Human Rights Violations against Intersex
people (October 2019); Dainius Pūras Report to the General Assembly on the Right of everyone to the enjoyment of the highest attainable
standard of physical and mental health UN Doc A/70/213 (30 July 2015) at [84] and [85].
240
The Crimes (Definition of Female Genital Mutilation) Amendment Bill 2019 (194-1) will expand the definition of female genital
mutilation to be consistent with that of the World Health Organization, but does not provide protection for normalising procedures
on the genitals of intersex children.
241
Vee Blackwood “Upholding rights of intersex people to obtain early health records” (2 March 2018) Office of the Privacy
Commissioner <http://www.privacy.org.nz/>.
230
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