StopIGM.org

Input by Daniela Truffer / Zwischengeschlecht.org, Rainbow Cities Network NGO meeting

Today is the Annual Day of the Rights of the Child, marking the adoption of the Convention on the Rights of the Child on 20 November 1989, for intersex people a most important human rights framework.

As a survivor of Intersex Genital Mutilations, I am particularly grateful to be able to speak here today.

I was born in 1965 with abdominal testes and so called “ambiguous” genitalia.

At two months they removed my healthy testes and threw them in the garbage bin. At seven they cut my genital to make me look more like a girl, allegedly with my consent. At 12 I was prescribed estrogens to induce an artificial puberty, which I still have to take daily.

Today they would probably make a boy out of me, with even more surgeries, complications, and pain.

The doctors always lied to me and my parents. Only at 35 I discovered that I am not alone. Today I am fighting to prevent future intersex children from suffering like myself and my peers.

One of the most frustrating experience in my work is, how nowadays everybody seems to be caring for or at least talking about intersex, but hardly ever about IGM practices, let alone how to eliminate them.

I have to admit I was really irked by the Swiss Government’s press release for the Focal Points Roundtable, where they boast how Switzerland would be, I quote, «expressly extending protection to intersex persons» – that is, as long as it’s limited to, I quote, «discriminations based on sexual orientation or gender identity» – for most intersex people basically a non-problem.

On the other hand, regarding the undisputed intersex problem number one, IGM practices, Switzerland simply denies them, while in fact funding and protecting the perpetrators, not the victims – just like any other so called “developed nation”.

Currently, the UN Committee against Torture questioned Austria, Denmark and China over IGM. All countries flat-out denied the well-documented ongoing practice, while at the same time invoking «leadership in LGBTI issues».

One last example, the current “Intersex Focus Paper” by the EU Agency for Fundamental Rights, which simply fails to identify ANY relevant human rights frameworks or UN documents.

While the paper goes on and on about identity, gender and birth certificates – it NOT ONCE mentions harmful practices, inhuman treatment, legislation to end IGM, access to redress and justice, statutes of limitations, monitoring, or other crucial items for advancing intersex rights.

Tellingly, the FRA’s only legal recommendation concerns birth certificates and identity documents – while regarding IGM, they seriously propose having nice chats with the mutilators and their accomplices.

Frankly, with supporters like these, who needs enemies?

So, I would like you to consider for a moment:

Are you and your agency able to adequately address IGM practices, including as harmful practice and inhuman treatment – or are you only fit to address discrimination and identity?

In the first case, I would like to win you as a vital intersex ally.

In the second, I ask you to at least do better than the Swiss Government, falsely claiming to «expressly protect intersex persons».

Thank you.

>>> Intersex Flyer distributed @ Rainbow Cities + LGBTI Focal Points (PDF 118kb)

Intersex Genital Mutilations • 17 Most Common Forms
Human Rights Violations Of Children With Variations Of Sex Anatomy
IGM – Historical Overview • What is Intersex? • How Common are IGMs?
>>> Download PDF (3.65 MB)     >>> Table of Contents

IGM as a Harmful Practice: 2015 UN-CRC Briefing
• IGM: A Survivor’s Perspective • Intersex Movement History
• What are Variations of Sex Anatomy?  • What are IGM Practices?
• IGM and Human Rights  • Conclusion: IGM as a Harmful Practice
>>> Download PDF (3.14 MB)     >>> Table of Contents

Bearing witness to IGM during the 56th Session of the UN Committee against Torture:
Small Luk (BBKCI Hong Kong), Daniela Truffer (StopIGM.org), Ditte Dyreborg (Danish
Intersex Advocate) (plus Alex Jürgen of VIMÖ) at Palais Wilson, Geneva 13.11.2015

Hong Kong + China + Macau were the 3rd country (or 3rd to 5th governments) up for review of IGM practices at the 56th session of the UN Committee against Torture (after Austria and Denmark).

StopIGM.org reported live from the hearings in Geneva on Tuesday, 17 November 10–13h CET + Wednesday, 18 November 15–18h CET (videos now available via treatybodywebcast.org), including a Transcript of Intersex Q&A:

Session 1: Tuesday 17 November 2015

Tue 12:55h Committee member Sapana Pradhan-Malla just asked Hong Kong, China + Macau (!!!) questions on Intersex and IGM! YAY!!

«Although I’m raising this concern in relation to Hong Kong, but I also want to mention that this is also related to China and Macau, because certain concerns are also raised from China. First [the] committee is extremely concerned about […] involuntary surgeries of infant children born with intersex variations. Therefore [the] committee would like to know, if laws are practiced that allow intrusive or irreversible treatments including forced genital normalisation surgery, involuntary sterilisation, unethical experimentation, medical display […], and I am raising this concern especially in a context when it is infused or administered without free and informed consent of the person concerned. What action you have put or planning to put in this regard?»

Further, Sapana Pradhan-Malla also raised concerns regarding LGBTI issues in general and specifically the lack of legal recognition for trans persons, and non-consensual “reparative therapies, or conversive therapies”.

For the State Parties’ (no)answers see the second session tomorrow. 

Session 2: Wednesday 18 November 2015

[ Note: Unfortunately, here is no Chinese Delegation List avilable, any additional info on the featured Delegates appreciated. ]

Wed 16:10h: A Delegate from the Hong Kong Justice Department (?) gave a global answer on “LGBTI” – without addressing Intersex at all:

«As to the issue of LGBTI mentioned by Madame Gaer and Madame [Pradham-]Malla, China does not view LGBTI as a mental disease or require compulsory treatment for LGBTI people. They are not, they will not be confined in mental hospitals either. Indeed LGBTI face some realistic challenges in terms of social acceptance, informed education, health and family life. This deserves our attention, but this does not fall within the scope of the convention. Thank you for your attention.»

Wed 17:39h Sapana Pradhan-Malla mentions non-answer, repeats question on IGM practices, asks for statistics:

«In your response you mentioned that LGBT is not a crime in China but what about the forced and unnecessary surgery on intersex population?
In relation to Hong Kong I still want some clarification.
[…]
My second concern is if the government has collected any statistics of impact of genital normalisation surgeries on intersex children, if yes how [the] government is intended to educate and sensitise frontline medical professionals.»

Wed 17:47h A Hong Kong Delegate instead describes IGM as entirely unproblematic, purely medical issue:

«Miss Pradhan-Malla raised a question about intersex babies. For intersex babies healthcare professionals adopt a multi-disciplinary approach in providing appropriate investigation, treatment and management based on a clinical condition of individual patients. The process may involve multi-speciality consultations or meeting with medical, social and psychological professionals. The healthcare professionals of the hospital authorities would discuss with the parents of the baby with ambiguous genitalia and assess the sex and the sexual function which the baby may develop in the future. The decision would be made with the agreement of the parents of the concerned baby after thorough discussion with healthcare professional. Thank you.»

The binding “Concluding Observations” of the Committee will be published in December.

My 2 cents: The 3rd flat-out Gov denial of IGM practices in this session – and also the 3rd time in a row that Delegates tried to deflect from IGM by invoking “LGBTI” (or in the case of Austria, “transgender”). Intersex people have long been fed up with being wrongly “subsumed” under such labels as a pisspoor excuse to ignore victims of IGM practices, but to protect IGM perpetrators instead (see e.g. 2015 CAT HK NGO Report, p. 10; 2014 CRC Swiss NGO Report, p. 11-12. How much longer?!

>>> Englisch UN Media Release on the Session, mentions intersex
>>> French UN Media Release on the Session, mentions intersex
>>> Chinese UN Media Release on the Session

>>> CAT #56 investigates IGM Practices in Austria
>>> CAT #56 investigates IGM Practices in Denmark   

>>> CAT 2015 Thematic Intersex Report Hongkong + China
>>> CAT 2015 Thematic Intersex Reports Austria and Denmark

See also:
• UN Committee for the Rights of the Child (CRC) 2015: IGM = Harmful Practice
• UN Committee against Torture (CAT) 2015: IGM = Inhuman Treatment or Torture
• UN Human Rights Committee (HRCttee) to examine IGM Practices

Ditte Dyreborg (Danish Intersex Advocate), Daniela Truffer, Markus Bauer (StopIGM.org),
Small Luk (BBKCI Hong Kong) after Intersex NGO Briefing for CAT, Palais Wilson 13.11.2015

Denmark was the 2nd of 3 countries up for review of IGM practices during the 56th session of the UN Committee against Torture (after Austria and followed by Hong Kong + China + Macau).

StopIGM.org reported live from the hearings in Geneva on Monday, 16 November 10–13h CET + Tuesday, 17 November 15–18h CET (videos now available via treatybodywebcast.org), including a Transcript of Intersex Q&A:

Session 1: Monday 16 November 2015

Mon 10:03h: The webcast is live. CAT Chair Claudio Grossman starts the meeting, followed by the Head of the Danish Delegation introducing the delegation.

Mon 10:18h: CAT country co-rapporteur Bruni starts asking questions.

Mon 10:28h: Bruni asks questions regarding (solitary) detention and refugees.

Mon 10:45h: The second country co-rapporteur Sapana Pradhan-Malla starts asking questions. Keep your fingers crossed!

Mon 10:55h: Now it’s about violence against women …

Mon 10:57h: Pradhan-Malla mentions trans people, 80% having to self-medicate hormones

Mon 10:58h: Now Sapana Pradhan-Malla is bringing up IGM practices! YAY!!

«We are also concerned about the situation of intersex persons who are also subjected to inhuman and degrading treatment by the health system. These are the cases when they are infants and subjected to so called “normalisation” correction if the infants offer [atypical] genitalia. These are irreversible surgeries and have been affecting the personal development of individuals and also affecting [their] freedom from non-consensual treatment.
I would like to know what action you are taking in this regard?»

The answers of the Danish delegation followed during the second session tomorrow.

Mon 11:11h: Abdoulaye Gaye mentions that in Danish prisons women can serve their sentences together in mixed units together with men on request – a fact that was also mentioned by other Committee members.

Mon 12:05h: After a minute of silence for all victims of terror attacks (as Chairperson Claudio Grossman thankfully clarified eralier), the Danish delegation starts answering questions. First the head of the Independent Police Complaint Authority takes the floor, as he’s only participating today.Amongst other things he replies to questions regarding the use of pepper spray.

Mon 12:34h: Now it’s about solitary confinement, taking up the remainder of today’s session.

Mon 12:57h: Chairperson Grossman closes the session for today.

Session 2: Tuesday 17 November 2015

Tue 15:01h: The webcast is live. CAT Chair Claudio Grossman starts the meeting. The next 90 minutes, the Danish delegation will give the first round of replies. First the Ministry of Defense is up.

Tue 15:12h: Now it’s about detention.

Tue 15:23h: Immigration services now on.

Tue 15:46h: LGBT refugees’ rights to non-refoulement are guaranteed, if they’re at risk of torture or mistreatment because orientation or identity in country of origin, asylum will be granted, according to immigration authorities.

Tue 15:50h: Health services replying now! Stay tuned for answers on intersex and IGM!

Tue 15:53h: First questions relating to psychiatry will be answered (on now), then re: transgender persons, and then intersex will be up.

Tue 15:56h: Transgender persons have to be enrolled in mental health care system.

Tue 15:58h: Intersex now on. Flat-out denial – again!

Pernille Skafte, Special Advisor to the Ministry of Health:

«In Denmark a child’s sex is determined at birth by the present health care worker based on observations of the child’s external genitals. In rare cases there’s doubt about the sex of the child. In such cases a pediatrician will carry out a further examination of the exterior [external] as well as of the interior [internal] genitals. The determination of the sex will always be carried out in a close dialogue with the child’s parents.

During the diagnosing, the child will be observed and examined by a team of specialised pediatricians. If the child has chromosome variations he or she may need to be involved in treatment throughout it’s childhood. In Denmark this is a specialised medical task which is regulated in the masterplan of specialised hospital services which is determined by the Danish Health Authority.

In Denmark medical treatment can only been carried out on the basis of informed consent. Patients must be 15 years old in order to give informed consent. If a patient is under the age of 15 treatment preposes consent from the child’s parents or from the person who has custody of the child. In cases of treatment within the field of intersex any treatment of children below the age of 15 will always be carried out in a close dialogue with the child’s parents and in coordance with the child’s and/or the parents wishes.

The Danish Ministry of Health does not have any data to suggest that treatment of intersex children has been carried out against without the child’s and the parent’s will.»

Tue 16:34h: Now chairperson Claudio Grossman explains the scope of the Converntion against Torture (since the Danish delegation disputed CAT’s authority to ask some questions), i.e. that it includes e.g. cases of rape amounting to torture, and further highlights article 16 (ill-treatment or CIDT). 🙂

Tue 16:40h: Second round of questions, Committe co-rapporteur for Denmark, Mr. Bruni starting.

Tue 16:58h: Country co-rapporteur Pradhan-Malla follows up on Intersex, highlighting CIDT. While hailing Denmark for leadership in LGBTI (or rather LGB or LGBT) rights, she continues:

«But the concern(s) we have raised are cruel and inhuman treatment of intersex persons, where my specification was in a context when it is inforced or administered without free and informed consent of the person concerned, what action you have put or are planning to put to protect the right to decide their preferences upon reaching maturity?»

Tue 17:15h: Second round of answers, beginning with Department of Justice.

Tue 17:31h: Head of Delegation gives running order for remaining questions, Intersex is mentioned last: “And then there were finally also some questions about intersex, to which we will try to come back to.” Ministry of Defense is next.

Tue 17:39h: Discussing detention now.

Tue 17:47h: Justice Department now on again, but answering only questions on detention and psychiatry. No answers on intersex!

Tue 17:57h: Head of delegation closing remarks.

Tue 17:59h: Chairperson Grossman closes the session.

My 2 cents: Yet another flat-out denial – “no data”, who’da thunk!? Even leading in LGBTI – and therefore entitled to just skip the follow-up question. I mean, “free and informed consent”? For intersex children? In Denmark? Must be kidding, riight? 
And the good news is: Such (non-)answers are usually a good recipe for getting particularly strong “Concluding Observations” – for Denmark due in December. To be continued … 

>>> English UN Media Release on the Session, mentions intersex
>>> French UN Media Release on the Session, does NOT mention intersex

>>> CAT #56 investigates IGM Practices in Austria
>>> CAT #56 investigates IGM Practices in Hong Kong + China + Macau

>>> CAT 2015 Thematic Intersex Reports Denmark and Austria
>>> CAT 2015 Thematic Intersex Report Hongkong + China

See also:

• UN Committee for the Rights of the Child (CRC) 2015: IGM = Harmful Practice
• UN Committee against Torture (CAT) 2015: IGM = Inhuman Treatment or Torture
• UN Human Rights Committee (HRCttee) to examine IGM Practices

Alex Jürgen (VIMÖ), Daniela Truffer, Markus Bauer (StopIGM.org)
after the well received Intersex NGO Briefing for CAT, Palais Wilson 11.11.2015

Austria was the first of no less than 3 countries reviewed for IGM practices during the 56th session of the UN Committee against Torture (CAT)  caught lying through their teeth (to be succeeded by Denmark and Hong Kong + China). The Committee had already recognised non-consensual intersex surgery and other treatments as violations of the Convention when examining Germany in 2011 and Switzerland earlier this year.

The >>> Thematic Intersex NGO Report by VIMÖ Association of Intersex People Austria in collaboration with Zwischengeschlecht.org / StopIGM.org had laid the groundwork, referencing practical examples of the most frequent forms of IGM practices still being perpetrated in many University Clinics, as well as the impunity of the perpetrators and the complicity of the state. During the extended Intersex NGO Briefing, Alex Jürgen’s moving testimony to the lifelong consequences of IGM proved most effctive to make the Committee members really understand the implications IGM practices. Markus Bauer offered a global perspective of the practice as well as current local examples, and Daniela Truffer substantiated the lack access to redress for victims, the factual impunity of the perpetrators (including the very ones responsible for what they did to Alex), and how the State refuses to fulfill its obligation to protect intersex children, but instead protects the perpetrators.

So we were very pleased when during the following two-day session Chairperson Claudio Grossman, one of the Committee’s two country rapporteurs for Austria, on Thursday 12 November asked the Sate Delegation about IGM practices, if the state was aware of this violation? Are there any legislative measures in place? What could be done to prevent it? And when the next day Austria replied only dismissively, Grossman digged deeper in a second round of questions.

In contrast, Austria’s answers delivered by Hon. Prof. Dr. Gerhard Aigner (Federal Ministry of Health) on Friday 13 November were not only a disgrace, but once again underlined how IGM practices are still only an “emerging” human rights issue, of which Governments still seem to think, if they ignore it long enough, it will disappear just as well.

Not only did Aigner flatly dismiss Austria’s responsibilty for the ongoing practice, but he flat-out denied non-consensual intersex treatments still being perpetrated in Austria, instead claiming after a “transgender-intersex paradigm shift” doctors would have renounced the practice in 2013 according to a “new guideline”. *) Finally, according to Aigner in his second (non-)answer, with the influence of “Dr. Google” over today’s patients, surely doctors couldn’t pressure them to unwanted treatments anyways.

*) An obvious reference to the current Austrian “Gender Dysphoria Guideline”. Which of course has has ZERO to do with intersex and IGM practices, except that government representatives (see also Denmark and China) trying to deflect from complicity in IGM practices inevitably tend to resort to the good old “LGBTI excuse” or “pinkwashing” of IGM, since most people have no clue about IGM, so usually nobody won’t notice.

[ For a complete transcript of all intersex questions and answers in German see here. ]

My 2 cents: While the Austrian delegation seems confident to impress the Committee with such impertinence, they might be in for a surprise! The Committee knows about IGM practices, and as previous examples indicate, if they ask questions again after a blanket denial by a state party, and the state party just denies again, this may result in particularly strong “Concluding Observations” – for Austria due in December. To be continued … 

>>> English UN Media Release on the Session, mentions intersex
>>> French UN Media Release on the Session, mentions intersex

>>> CAT #56 investigates IGM Practices in Denmark
>>> CAT #56 investigates IGM Practices in Hong Kong + China + Macau

>>> CAT 2015 Thematic Intersex Reports Austria and Denmark
>>> CAT 2015 Thematic Intersex Report Hongkong + China

See also:
• UN Committee for the Rights of the Child (CRC) 2015: IGM = Harmful Practice
• UN Committee against Torture (CAT) 2015: IGM = Inhuman Treatment or Torture
• UN Human Rights Committee (HRCttee) to examine IGM Practices 

>>> A 18-page thematic intersex NGO Report (PDF, 102 kb) by “Beyond the Boundary – Knowing and Concerns Intersex (BBKCI)” from Hong Kong documents IGM Practices in Hong Kong and China, as well as risk of abandonment or infanticide of intersex newborns, and how the authorities refuse to address these serious human rights violations.

The report was compiled by Hong Kong intersex activist Small Luk for the review of Hong Kong and China by the UN Committee agains Torture (CAT) during the Committee’s 56th session starting next week in Geneva. Small will travel to Geneva to brief the Committee in person on the egregious human rights violations against intersex people in China, practces which have repeatedly been classified by the Committee as constituting at least Inhuman Treatment or even Torture in previous country examinations.

(See case file on p. 15 of NGO report)

This report was only the first of no less than 3 thematic intersex reports submitted for the 56th CAT session (the others coming from Austria and Denmark – more on these soon!). This marks the very first time that any UN Body examines more than one country regarding IGM Practices in one session!

The public review of Hong Kong and China will take place on Tuesday 17 November 10–13h CET + Wedneday 18 November 15–18h CET an will be transmitted live online via www.treatybodywebcast.org.

StopIGM.org congratulates BBKCI to this excellent report and hopes for strong Concluding Observations for all 3 states under examination during the 56th session!

See also:
• UN Committee for the Rights of the Child (CRC) 2015: IGM = Harmful Practice
• UN Committee against Torture (CAT) 2015: IGM = Inhuman Treatment or Torture
• UN Human Rights Committee (HRCttee) to examine IGM Practices 

>> IAD 2015: 2 more Intersex NGO Reports filed with UN-CAT!

Zurich, 26.10.2015: Peaceful IAD protest despite police gagging order and harassment

On 26 October, Intersex People, Survivors, Partners, Families, Friends and Allies around the globe celebrate Intersex Awareness Day, commemorating the very first INTERSEX PROTEST in Boston in 1996 against the Annual Convention of the American Academy of Padiatrics (AAP), and in support of over 20 Years of Organised Struggle to End INTERSEX GENITAL MUTILATIONS.

On Intersex Awareness Day 2009, the first Swiss parliamentary action on intersex and IGM practices was launched in the Zurich Cantonal Parliament (i.e. the state parliament, as opposed to Zurich City Parliament), see screengrab from the local newspaper Tages-Anzeiger, 26.10.2009:

“Children Made To Girls In The Operating Room:
Zurich Cantonal Government Has To Take Position”

These parliamentary questions instigated by Zwischengeschlecht.org / StopIGM.org called on the Cantonal Government to inquire about the current practice at the Zurich University Children’s Hospital, and to state their position on the non-consensual “cosmetic genital surgeries” on intersex children there. This ground-breaking parliamentary action was made possible by the repeated local, national and regional media coverage on the issue resulting from an earlier nonviolent protest outside the Zurich University Childrens Clinic and an open letter (see screengrab of news report by the national german-language TV evening news below).

1st Intersex Protest @ Zurich University Children’s Clinic, 8.7.2008
>>> Video (German)  >>> Rally Report + Pictures  >>> Transkript

A further result of this initial protest targetting the clinic and subsequent talks with doctors was a ground-breaking exploratory study leading to the now-famous and much referenced publication of “Shaping parents (2013)”, illustrating how directive counselling leads to parents ‘consenting’ to mutilating treatments on their intersex children which they later often regret.

The 2012 Swiss National Ethics Commission’s recommendations in a nutshell (click to downoad PDF).

And after more annual protests outside cantonal university children’s clinics, again resulting in local, regional, national and even international media coverage as well as 3 more parliamentary questions, in 2010 we followed up with parliamentary questions in the national parliament, which led to the Federal Gov tasking the Swiss National Ethics Commission (NEK-CNE) to elaborate their ground-breaking 2012 recommendations, which in turn were referenced both by the UN Committee on the Rights of the Child and by the Committee angainst Torture in their 2015 statements, classifying Intersex Genital Mutilations as a “harmful practice” and “inhuman treatment”, respectively.

Intersex Awareness Day 2013: Protest outside Zurich University Children’s Hospital featured on Al Jazeera.

Plus last but not least, after two more protests targetting the Zurich University and its Children’s Clinic calling for a historic reappraisal of past treatments including clitoridectomies, lading to more media coverage and pressure, in summer 2015 the clinic published an historical pilot study of the treatments 1913-1969, and publicly announced a regular study now taking off.

However, the Canton of Zurich still refuses to acknowledge the suffering experienced by intersex people as a result of IGM practices (as explicitly called for by NEK-CNE), and so far doesn’t consider to support the study started by the Zurich University Children’s Hospital, namely to ensure that it covers all relevant practices 1913-1969. What’s more, the Cantonal Government is still complicit in the ongoing IGM practices at the Cantonal University Children’s Hospital.

Therefore, during the 26 October 2015 session of the Zurich Cantonal Parliament, Zwischengeschlecht.org / StopIGM.org will hold a peaceful vigil outside from 07:30–15:00h, to commemorate the victims of IGM practices, and to ensure that the parliament can no longer conveniently ignore its historical and ongoing responsibilities resulting from the past and current practice at its University Children’s Hopsital run by the Canton of Zurich. See you where the action is!

Boston ’96 was a PROTEST! Happy 12th Intersex Awareness Day 2015!

           When was the last time YOU talked or wrote about INTERSEX PROTESTS?
When was the last time YOU gave credit to those facilitating the protests?

           When was the last time YOU talked or wrote about IGM?
           When was the last time YOU named names of doctors and clinics?

           When was the last time YOU participated in an INTERSEX PROTEST?

•  Intersex Awareness Day 2013
•  Intersex Awareness Day 2016
•  Intersex Awareness Day 2017
•  Intersex Awareness Day 2018
•  Intersex Awareness Day 2019
•  Intersex Awareness Day 2023

STOP IGM Primer:  What everyone should know about Intersex Genital Mutilations,
the ongoing 20 Year Fight to End it,
and today’s 19 Years of Peaceful Intersex Protests!

>>> Download (PDF 1.95 MB)

Be informed – Take part in ending IGM!

Intersex Genital Mutilations – The 17 Most Common Forms
Human Rights Violations Of Children With Variations Of Sex Anatomy
NGO Report to the UN Committe on the Rights of the Child (CRC)
>>> Download PDF (3.65 MB)     >>> Table of Contents

>>> Zurich 26.10.2015: Intersex Awaraness Day Rally outside Parliament

Still from a Bavarian TV News Report covering the first court hearing 26.02.2015, right: Michaela “Micha” Raab.

Peaceful Intersex Solidarity Rally at Nuremberg Court
• Thur 22.10.2015 12:30–13:20h (near Main Entrance)

• 13:30h Trial vs. Prof. S. + Erlangen University Clinic because of non-consensual “Clitoral Reduction” and Castration.

Intersex Genital Mutilations (IGM) are a fundamental human rights violation – see you where the action is!

On Thursday, 22 October 2015 the Nuremberg Court – yes, the Nuremberg Court! – will witness another piece of Intersex History, as the case of Michaela “Micha” Raab vs. her former surgeon and his University Clinic Erlangen, dubbed the “Nuremberg Hermaphrodite Lawsuit” by supporters and media, continues with a second public hearing: For the first time ever IGM doctors directly involved in the treatments in question will be personally summoned and interrogated before a court!

Micha Raab is only the third survivor of IGM practices worldwide to succeed in suing her mutilator, and the first in Germany to succeed in suing also the University Clinic facilitating the deed; and her case is only the fourth IGM case reaching a court at all (together with Christiane Völling in Cologne winning 200,000 Euros damages in 2007-2009, the still ongoing #justice4MC case in the U.S., and another ongoing case in Munich, where the claimant so far asked for the proceedings not to be made public) – a stark testament to the factual impunity of IGM perpetrators, including doctors, clinics and other responsible bodies and persons, which has been criticised by survivors, the Swiss Ethics Commission (NEK-CNE) and several UN Bodies, including the Committee against Torture (CAT), already in 2011 explicitly calling on Germany to “Undertake investigation of incidents of surgical and other medical treatment of intersex people without effective consent and adopt legal provisions in order to provide redress to the victims of such treatment, including adequate compensation” (see CRC NGO Report, PDF, p. 28-29).

Zwischengeschlecht.org / StopIGM.org will support Micha Raab with a peaceful intersex solidarity rally in front of the Nuremberg court just before the hearing.

How much longer?!  Enough already with mutilating intersex people with impunity!!!

>>> Nuremberg: “Intersex person sues clinic for unncessary surgery” – The Local

>>> 2015: UNCRC: Intersex Genital Mutilations = “Harmful Practice” + “Violence”!

Intersex Genital Mutilations • 17 Most Common Forms
Human Rights Violations Of Children With Variations Of Sex Anatomy
IGM – Historical Overview • What is Intersex? • How Common are IGMs?
>>> Download PDF (3.65 MB)     >>> Table of Contents

As this blog reported earlier, the UN Commitee on the Rights of the Child (CRC), sensitised by an exhaustive Thematic NGO Report and a Thematic Briefing on IGM on a Global Scale by StopIGM.org, repeatedly questioned Chile over IGM practices, despite the fact that an NHRI as well as an NGO report both failed to substantiate the obviously ongoing practice in Chile, and the government only gave evasive answers regarding their obligation to protect intersex children from unnecessary, non-consensual and mutilating genital surgeries a.k.a. Intersex Genital Mutilations.

In the meantime, CRC published their binding “Concluding Observations”, which – as were hoping for – contains strong paragraphs on IGM practices, again explicitly identifying IGM as a “Harmful Practice”, and calling for “effective remedy for victims, including redress and compensation”! THANK YOU!!!

>>> CRC/C/CHL/CO/4-5, Advance Unedited Version, paras 48–49: 

Harmful practices

48.  While noting the proposed development of a protocol for the health care of intersex babies and children, the Committee is seriously concerned about cases of medically unnecessary and irreversible surgery and other treatment on intersex children, without their informed consent, which can cause severe suffering, and the lack of redress and compensation in such cases.

49.  In the light of its joint general comment No. 18 (2014) and No. 31 of the Committee on the Elimination of Discrimination against Women on harmful practices, the Committee recommends that the State party expedite the development and implementation of a rights-based health care protocol for intersex children, setting the procedures and steps to be followed by health teams, ensuring that no one is subjected to unnecessary surgery or treatment during infancy or childhood, protecting the rights of the children concerned to physical and mental integrity, autonomy and self-determination, providing intersex children and their families with adequate counselling and support, including from peers, and ensuring effective remedy for victims, including redress and compensation.

>>> “Harmful Practice” and “Violence”: UN-CRC on Intersex Genital Mutilations

Intersex Genital Mutilations • 17 Most Common Forms
Human Rights Violations Of Children With Variations Of Sex Anatomy
IGM – Historical Overview • What is Intersex? • How Common are IGMs?
>>> Download PDF (3.65 MB)     >>> Table of Contents

STOP IGM Primer:
What everyone should know about Intersex Genital Mutilations (IGM)!
>>> Download (PDF, 1.95 MB)

IGM as a Harmful Practice: 2015 UN-CRC Briefing
• IGM: A Survivor’s Perspective • Intersex Movement History
• What are Variations of Sex Anatomy?  • What are IGM Practices?
• IGM and Human Rights  • Conclusion: IGM as a Harmful Practice
>>> Download PDF (3.14 MB)     >>> Table of Contents

After their ground-breaking Concluding Observations recognising IGM as a harmful Practice earlier this year, last week the Committee on the Rights of the Child again tackled IGM practices during the review of Chile in Geneva.

This development is the more welcome, since the State Party’s report didn’t mention intersex at all, and also a >>> 7-page NGO report “Situation of Trans and Intersex Children in Chile” (PDF) by Observatorio de Derechos Humanos – Chile (Andrés Rivera Duarte) and the International Gay and Lesbian Human Rights Commission (IGLHRC) only briefly mentioned IGM practices in one sentence (my emphasis):

Lack of protection for Intersex Infants
Intersex infants (infants who are born with both stereotypical “male” and  “female” anatomic characteristics or whose external genitalia are considered “ambiguous” by medial professionals) have no legal protections in Chile. Medical professionals operate with discretion as to whether or not intersex infants will be subjected to unnecesary and irreversible surgery to visually resemble “normal” male or female bodies. (p. 5)

Same as the >>> submission by INDH, the national Human Rights Institution (NHRI) of Chile (PDF) – who on top erroneously listed IGM under art. 8 “Identity Preservation”:

12.   […] Also,  in  the  case  of  children  born  intersex  there  is  no existing  protocols  to  prevent  that  there  are  subjected  to  unnecessary  surgery  without their consent. (p. 5)

Unfortunately, both the NGO and the NHRI submissions failed to document the ongoing practice in Chile, despite the fact that evidence of the three most frequent surgical interventions, i.e. IGM 1: “Hypospadias Repair” (one / two –> poster 29 / three); IGM 2: “Feminising Genital Corrections” (PDF); IGM 3: Castration or “Gonadectomy” (one / PDF), is readily available online. As past submissions repeatedly proved, substantiating the ongoing practice in several local (university) clinics in combination with moving personal testimonies to the lifelong severe pain and suffering caused by IGM is the best chance to get human right bodies to recognise the serious violations of IGM practices.

Fortunately, the Committee – obviously sensitised by the recent proceedings – nonetheless included IGM practices in their >>> List of Issues (LOI) with questions for the Chilean government:

8.  […] Please also provide information on the measures adopted to ensure that intersex children are not subjected to unnecessary surgery without their consent. (Para 8)

Unsurprisingly, the >>> reply by the Chilean government (PDF, spanish) was evasive as usual (my translation):

19.  In collaboration with scientific societies and civil society organisations, we have started an elaboration of a protocol concerning the health of intersex children, which will establish steps and procedures to follow for health care providers, with a focus on rights. (para 19)

Thankfully, the Committee didn’t fall for such vague, non-committal hyperbole, but Jorge Cardona Llorens, Committee member and Country Co-Rapporteur for Chile, explicitly reiterated the question during the review hearings on 24-25 September, according to a >>> recent UN news report (emphasis in original):

Question was also asked about measures taken by the State party to ensure that intersex children were not subjected to unnecessary surgery without their consent.

The fact that the UN report of the hearing doesn’t list an answer to this specific question, in turn indicates that the State Party’s answer during the hearing probably was just as unsubstantial and wanting as before …

Therefore, we now hope for strong Concluding Observations on IGM practices for Chile, to be published on 2 October 2015.

>>> “Harmful Practice” and “Violence”: UN-CRC on Intersex Genital Mutilations

UPDATE: UN-CRC reprimands Chile over IGM practices

Intersex Genital Mutilations • 17 Most Common Forms
Human Rights Violations Of Children With Variations Of Sex Anatomy
IGM – Historical Overview • What is Intersex? • How Common are IGMs?
>>> Download PDF (3.65 MB)     >>> Table of Contents

STOP IGM Primer:
What everyone should know about Intersex Genital Mutilations (IGM)!
>>> Download (PDF, 1.95 MB)

IGM as a Harmful Practice: 2015 UN-CRC Briefing
• IGM: A Survivor’s Perspective • Intersex Movement History
• What are Variations of Sex Anatomy?  • What are IGM Practices?
• IGM and Human Rights  • Conclusion: IGM as a Harmful Practice
>>> Download PDF (3.14 MB)     >>> Table of Contents