Part I Experiences of being lesbian, gay, bisexual, transgender and intersex in the Asia Pacific
[In China], information and research on intersexuality is even less available than it is for other LGBT groups.
However, while the visibility of intersex people is improving, their public image remains negative. Reports
about intersex infants and children in the media are still commonly linked to family shame and the need
to perform gender normative surgeries. These reports often use a sensational tone . . . Moreover, as the
parents retain ultimate rights on the determination of their children’s sex, the voice of intersex children is
rarely heard.243
However, intersex activists in the Asia Pacific region are part of a small but growing international
movement that is challenging the silence. They have participated in the three International Intersex
Forums held between 2011 and 2013. The December 2013 statement from the third forum in Malta sets
out a comprehensive list of human rights demands “aiming to end discrimination against intersex people
and to ensure the right of bodily integrity, physical autonomy and self-determination”.244 Intersex people
from Taiwan and Australia were part of the first United Nations expert meeting convened by OHCHR in
Geneva in September 2015.245 A month later, intersex groups based in Taiwan, Hong Kong, Australia
and New Zealand were among the inaugural recipients of grants from the Astraea Intersex Human Rights
Fund.246 That same month saw the first gathering of intersex activists from across Asia at the 2015 ILGA
Asia conference in Taipei.247 With the support of UNDP’s Being LGBTI in Asia Programme and the MultiCountry South Asia Global Fund HIV Programme, one of the participants at that meeting hosted Nepal’s
first national intersex workshop in January 2016. The National Human Rights Commission of Nepal and
UN agencies also attended the second day of the workshop.
4.2.2. Intersex people and human rights
International human rights standards apply to all people, including intersex people. There has been
slow progress from human rights bodies in articulating the specific human rights issues that intersex
people face. At first these were seen as coming under a broad definition of gender identity. This has
now developed more properly into recognition of either ‘intersex status’ or ‘sex characteristics’ as a
prohibited ground of discrimination, distinct from gender identity.
The key human rights issues now more widely understood to impact on the lives of intersex people,
including in this region, are:
• the right to physical integrity, and the associated rights to freedom from torture and ill-treatment
and to live free from harmful practices
• equality and freedom from discrimination
• recognition before the law
• effective remedies and redress.248
For this manual, attempts have been made to collate available information from the Asia Pacific region
about intersex people and the human rights issues they face. No information was identified about
experiences in Pacific Island States. To date, only a very small number of NHRIs in the region have
worked on intersex human rights issues. Therefore, this chapter draws more heavily than others on the
experiences of Australia and New Zealand, where intersex NGOs have a longer history and NHRIs have
started to work on the issues they have raised.
243
UNDP and USAID, Being LGBT in Asia: China Country Report, 2014; pp. 28-29.
244
Public statement by the Third International Intersex Forum, 1 December 2013; at https://oii.org.au/24241/public-statement-bythe-third-international-intersex-forum/ (English) and at www.oii.tw/Home/3rd-is-forum-statement (Chinese).
245
The International Intersex Forums were held in Brussels in September 2011, Stockholm in December 2012 and Malta in November
/December 2013. Hiker Chiu from Taiwan, founder of Oii-Chinese, a platform for Chinese-speaking intersex people, was the only
intersex person from Asia at the first two fora.
246
See http://astraeaintersexfund.tumblr.com/.
247
See http://intersexday.org/en/ilga-asia-2015/.
248
OHCHR, Fact Sheet: Intersex, 2015; Commissioner for Human Rights of the Council of Europe, Human rights and intersex
people: Issue Paper, April 2015.
Chapter 4: Being intersex in Asia and the Pacific | 67