Communiqué de presse de l’ONU > Comment le Portugal défend la mutilation génitale intersexe (MGI)

[ English ]

Zwischengeschlecht.org on Facebook Lors de sa 82ème session à Genève, le Comité des droits de l’enfant (CRC) de l’ONU a interrogé le Portugal sur les mutilations génitales intersexes (MGI), sur la base des preuves accablantes fournies par StopIGM.org dans un rapport d’ONG au Comité.

La délégation portugaise, qui s’est présentée dans une déclaration introductive en tant que championne des droits humains des intersexes prétendument ” protéger les caractéristiques sexuelles de chaque personne “, a semblé avoir du mal à répondre aux questions du Comité sur les MGI, mais s’en tenir plutôt aux MGF.

Ce n’est qu’après que le président du Comité des droits de l’enfant eut rappelé que la question concernait les enfants intersexués et non les mutilations génitales féminines, que le Portugal a finalement (non) répondu sur les enfants intersexes et les MGI, le communiqué de presse des Nations Unies résumant l’examen donnant un aperçu de la détermination du Portugal à continuer à mutiler des enfants intersexués sans défense :

“Le Comité des droits de l’enfant s’inquiète des nombres élevés d’enfants en situation de pauvreté et d’enfants placés en institutions au Portugal”
>>> Communiqué de presse de l’ONU (27.09.2019)

“ Les enfants nés intersexes sont suivis par les services nationaux de santé – notamment par les services pédiatriques – et les parents sont consultés et informés au sujet des conséquences que peuvent avoir certains traitements sur l’avenir de leur enfant; les parents sont impliqués dans les décisions, a insisté la délégation. ”

La (non-)réponse du Portugal fait écho à la défensive de Malte lors de la dernière session du CRC, un autre “champion des droits humains intersexes” autoproclamé qui continue néanmoins à mutiler les enfants intersexes, soutenu et payé par l’Etat. En conséquence, Malte a été sévèrement réprimandée pour continuer à pratiquer les MGI dans les observations finales du Comité, avec des recommandations contraignantes à l’État partie.

Les défenseurs des droits humains intersexes, y compris StopIGM.org, espèrent maintenant une réprimande tout aussi sévère de la part du CRC pour le Portugal également, qui est prévue jeudi prochain. A suivre ….

2019-CRC-Portugal-NGO-Zwischengeschlecht-Intersex-IGMCountry: Portugal
Treaty Body: Committee on the Rights of the Child (CRC)
Convention: Convention on the Rights of the Child (CRC)
Download Intersex NGO Report: PDF (942 kb)
Report by: StopIGM.org
Next Steps in Review Cycle: Examination @ CRC 82nd Session, 19.-20.09.2019; Concl Obs due November
>>> Full Timeline Previous UN Reprimands: none

>>> StopIGM.org > Pages françaises

UN Press Release > How Portugal Defends Intersex Genital Mutilation

[ Français ]

Zwischengeschlecht.org on Facebook During its 82nd Session in Geneva, the UN Committee o the Rights of the Child (CRC) questioned Portugal about Intersex Genital Mutilations (IGM), based on damning evidence provided by StopIGM.org in an NGO report to the Committee.

The Portuguese Delegation, which presented themselves in an opening statement as a intersex human rights champion allegedly “protecting the sexual characteristics of every person”, seemed to struggle with answering the Committee’s questions about IGM, droning on about FGM instead.

Only after a reminder by the CRC chairperson, that the question was about intersex children, not FGM, Portugal finally (non-)answered on intersex and IGM, with the UN Press Release summarising the examination offering a glimpse of Portugal’s insistence on continuing with mutilating defenseless intersex children:

“Experts of the Committee on the rights of the child note good laws in Portugal but raise questions about their effective implementation”
>>> UN Press Release (27.09.2019)

“Responding to these questions and comments, the delegation said that […] Intersex children and female genital mutilation were completely different issues. Interventions on intersex children were carried out by health professionals and had to be suited and tailored to each case. There had been five cases detected last year. Extremely specialized paediatric teams were seized of the matter, in conjunction with the families. The best course of action for each child was determined in light of the latest scientific knowledge. Interventions were only made when they were in line with the best interest of the child. They were not carried out at random.”

Portugal’s (non-) answer echoed the defensiveness of Malta in the last CRC session, another self-declared “intersex human rights champion” that continues to mutilate intersex children noetheless, advocated and paid for by the state. Accordingly, Malta was strongly reprimanded for continuing with IGM practices in the Committee’s Concluding Observation with binding recommendations to the State party.

Intersex advocates including StopIGM.org are now hoping for a similarly stern reprimand by CRC for Portugal too, due next Thursday. To be continued …

2019-CRC-Portugal-NGO-Zwischengeschlecht-Intersex-IGMCountry: Portugal
Treaty Body: Committee on the Rights of the Child (CRC)
Convention: Convention on the Rights of the Child (CRC)
Download Intersex NGO Report: PDF (942 kb)
Report by: StopIGM.org
Next Steps in Review Cycle: Examination @ CRC 82nd Session, 19.-20.09.2019; Concl Obs due November
>>> Full Timeline Previous UN Reprimands: none

See also:
‘Only the Fear of the Judge Will Make IGM Perpetrators Change’
“Harmful Medical Practice”: UN, COE, ACHPR, IACHR condem IGM
42 UN Reprimands for IGM – and counting …
UN Committee for the Rights of the Child (CRC): IGM = Harmful Practice + Violence
UN Committee against Torture (CAT) 2015: IGM = Inhuman Treatment or Torture
UN Women’s Rights Committee (CEDAW): IGM = Harmful Practice
UN Committee on the Rights of Persons with Disabilities (CRPD): Violation of Integrity
UN Human Rights Committee (HRCttee) condemns IGM Practices

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 is a Harmful Practice
>>> Download PDF (3.14 MB)     >>> Table of Contents

Eliminating IGM practices by holding the perpetrators accountable via well-established applicable human rights frameworks, including Inhuman Treatment and Harmful Practices – Presentation @ UN expert meeting on Intersex Human Rights
>>> Download PDF (831kb)

Open Letter to EU Commission: Stop Downgrading Intersex Rights!

UPDATE!  Now 44 UN Reprimands for Intersex Genital Mutilations – And Counting …


Photo: Intersex Protest + Open Letter to EU Commission + 115 EU-funded IGM clinics, Copenhagen 29.06.2017

Zwischengeschlecht.org on FacebookAn Intersex Tale of Two Cities:

This week in Brussels, the EU Commission, Malta, Portugal and others praised each other to the skies as champions of intersex human rights, while at the same time downplaying the systematic and massive, EU-sponsored medical abuse of intersex children as a mere “discrimination” and “health care” issue.

Next week in Geneva, the UN Committe on the Rights of the Child (CRC) publishes its findings on Portugal – most likely including a stern reprimand for harmful practices on intersex children. Already last session, CRC unmistakably condemned “unnecessary medical or surgical procedures” on intersex children in Malta, and called to “[e]ffectively investigate incidents” and “provide redress to victims […] including adequate compensation and rehabilitation”.

Now – how on earth could Brussels have gotten it so completely wrong (and not for the first time!) about intersex human rights and about intersex children in Malta and Portugal allegedly being protected from genital mutilation when – as documented in Geneva – in fact they’re not, and IGM persists with impunity!??

Well, that’s exactly what StopIGM.org wanted to know.

Therefore, before the European Commission’s “High level Conference on Advancing LGBTI equality in the EU: from 2020 and beyond”, we sent them an Open Letter (PDF, or below the break) documenting above and further remarkable discrepancies between the EU’s caual downgrading of intersex rights vs. the meanwhile 44 clear and unmistakable UN verdicts, kindly asking for an explanation.

Currently, we’re still waiting for a reply.

To be continued …     [ Full Open letter after the break ]     [ as PDF ]   

Read moreOpen Letter to EU Commission: Stop Downgrading Intersex Rights!

CRC82 > Portugal questioned about intersex mutilation by UN – Belgium, Mexico, Spain, Switzerland next

[ Deutsch ]


Photo: UNHRC UPR #14, Geneva 20.10.2012

Zwischengeschlecht.org on FacebookIGM = CRIME, Not 'Health Care' or 'Equality'!In Geneva, the UN Committee on the Rights of the Child (CRC) is currently examining the human rights record of Portugal, repeatedly asking the State party why harmful practices against intersex children were allowed to continue, and why IGM survivors were denied access to redress and justice?
When Portugal tried to change the subject, discussing “international medical standards” and “transgender legislation” instead, Committee members asked follow-up questions, which Portugal will have to answer today (10-13h CEST).

UPDATE: UN Press Release: Portugal Defends Intersex Genital Mutilation

On the shiny outside, Portugal has recently adopted legislation aimed at protecting intersex children from IGM practices, claiming to have abolished the practice altogether, echoing similar legislation and claims from Malta – coincidentally, next week in Brussels, both countries will be praised once more as intersex human rights pioneers at a EU “High level Conference on Advancing LGBTI equality”.

However, as documented in NGO Reports, both in Malta and Portugal, all forms of IGM persist with impunity, advocated and paid for by the State party. In a previous session earlier this year, CRC already considered IGM in Malta as a harmful practice. Yesterday in Geneva, Portugal’s answers were hardly more than the known usual excuses and denials right in the face of documented facts.

Based on evidence submitted by StopIGM.org in collaboration with local and regional intersex NGOs, UN Treaty bodies CRC, CAT, HRCttee-CCPR, CRPD and CEDAW have so far reprimanded 12 EU countries for failing to effectively protect intersex children from non-consensual, unnecessary genital surgery, forced sterilisation and other involuntary, non-urgent procedures which the UN Committees consider to amount to serious violations of non-derogable human rights under multiple Treaties, namely cruel, inhuman and degrading treatment falling under the absolute prohibition of torture (CAT, CCPR, CRPD), a harmful cultural practice just like FGM (CRC, CEDAW), involuntary medical or scientific experimentation (CCPR), and a violation of the integrity of the person (CRPD). Globally, we’re currently at 42 UN reprimands for IGM practices to 24 countries (see list).

Together with fellow intersex NGOs Brújula Intersexual, Intersex Belgium, Vivir y Ser Intersex, Intersex.ch and SI-Global, StopIGM recently submitted 5 Intersex Shadow Reports to different Treaty bodies, besides Portugal also for Belgium, Mexico, Spain and Switzerland – all of them up for review in Geneva:

2019-CRC-Portugal-NGO-Zwischengeschlecht-Intersex-IGMCountry: Portugal
Treaty Body: Committee on the Rights of the Child (CRC)
Convention: Convention on the Rights of the Child (CRC)
Download Intersex NGO Report: PDF (942 kb)
Report by: StopIGM.org
Next Steps in Review Cycle: Examination @ CRC 82nd Session, 19.-20.09.2019; Concl Obs due November
>>> Full Timeline Previous UN Reprimands: none

2019-CCPR-Belgium-NGO-Intersex-StopIGMCountry: Belgium
Treaty Body: Human Rights Committee (HRCttee-CCPR)
Convention: International Covenant on Civil and Political Rights (CCPR)
Download Intersex NGO Report: PDF (581 kb)
Report by: Intersex Belgium, StopIGM.org
Next Steps in Review Cycle: Examination @ CCPR 127th Session, 15.-16.10.2019; Concl Obs due November
>>> Full Timeline Previous UN Reprimands: CRC (2019)

2019-CCPR-Mexico-NGO-Intersex-Brujula-StopIGMCountry: Mexico
Treaty Body: Human Rights Committee (HRCttee-CCPR)
Convention: International Covenant on Civil and Political Rights (CCPR)
Download Intersex NGO Report: PDF (636 kb)
Report by: Brújula Intersexual, Vivir y Ser Intersex, StopIGM.org
Next Steps in Review Cycle: Examination @ CCPR 127th Session, 16.-17.10.2019; Concl Obs due November
>>> Full Timeline Previous UN Reprimands: CEDAW (2018)

2019-CCPR-LOIPR-Spain-Intersex-Brujula-StopIGMCountry: Spain
Treaty Body: Human Rights Committee (HRCttee-CCPR)
Convention: International Covenant on Civil and Political Rights (CCPR)
Download Intersex NGO Report: PDF (377 kb)
Report by: StopIGM.org, Brújula Intersexual
Next Steps in Review Cycle: List of Issues Prior to Reporting (LOIPR) @ CCPR 127th Session, due November; State Report with replies to LOIPR due 2020  >>> Full Timeline
Previous UN Reprimands: CRC (2018)

2019-CRC-LOIPR-Swiss-NGO-Zwischengeschlecht-Intersex-IGMCountry: Switzerland
Treaty Body: Committee on the Rights of Persons with Disablities (CRPD)
Convention: Convention on the Rights of Persons with Disablities (CRPD)
Download Intersex NGO Report: DOCX (246 kb) | PDF (333 kb)
Report by: StopIGM.org, Intersex.ch, SI-Global
Next Steps in Review Cycle: List of Issues Prior to Reporting (LOIPR) @ CRPD 12th Pre-Sessional Working Group, due November; State Report with replies due 2020 >>> Full Timeline
Previous UN Reprimands: CRC (2015), CAT (2015), CEDAW (2016), CCPR (2017)

>>> intersex.shadowreport.org

See also:
‘Only the Fear of the Judge Will Make IGM Perpetrators Change’
“Harmful Medical Practice”: UN, COE, ACHPR, IACHR condem IGM
40 UN Reprimands for IGM – and counting …
UN Committee for the Rights of the Child (CRC): IGM = Harmful Practice + Violence
UN Committee against Torture (CAT) 2015: IGM = Inhuman Treatment or Torture
UN Women’s Rights Committee (CEDAW): IGM = Harmful Practice
UN Committee on the Rights of Persons with Disabilities (CRPD): Violation of Integrity
UN Human Rights Committee (HRCttee) condemns IGM Practices

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 is a Harmful Practice
>>> Download PDF (3.14 MB)     >>> Table of Contents

Eliminating IGM practices by holding the perpetrators accountable via well-established applicable human rights frameworks, including Inhuman Treatment and Harmful Practices – Presentation @ UN expert meeting on Intersex Human Rights
>>> Download PDF (831kb)

ESPE 2019 in Austria > “Clitoral surgery been performed in 231 (92%)”

[ Deutsch ]


Intersex protest + Open Letter vs. ‘ESPE 9th Joint Meeting’, Milano (Italy) 19.09.2013

Presentation @ 58th Annual Meeting of the European Society for Paediatric Endocrinology ESPE, starting in Vienna (Austria) today (see Abstract Book (PDF), p. 96):

“Contemporary Surgical Approach in CAH 46XX – Results from the I-DSD/I-CAH Registries”

“Genital surgery has been performed in 251 (76%). Clitoral surgery been performed in 231 (92%), vaginal surgery in 204 (81%) and a combination of clitoral and vaginal surgery had been performed in 186 (74%). Of the 251 who had surgery, 18 (7%) had vaginal but no clitoral surgery whilst 42 (17%) had clitoral but no vaginal surgery. Mean age at first surgery was 2.5 years (0-15), with clitoral surgery and vaginal surgery at 2.6 years (range) and 3.2 years (range), respectively. In a logistic regression model it could be shown that there was a negative trend for surgery over time. Moreover, there was a significant trend towards surgery before 24 months of life over time. However, there were significant geographic differences in the probability/incidence of genital surgery: Europe 64%, Asia 97%, South America 89%. The Chicago Consensus Statement on DSD (comparison of data before and after 2006) did not have any significant influence on the timing or probability of surgery.”

Of course these figures are not new or unexpected. In fact, a presentation 2 years earlier by partly the same Austrian IGM doctors, “Current surgical practice in DSD” showed similar figures and the same tendencies.

This year’s ESPE features particularly many and particularly ugly D$D presentations.

StopIGM.org organised non-violent intersex protests against ESPE annual meetings in 2012, 2013, 2014 and 2016, thanks to local solidarity and support. Unfortunately, when we asked Austrian intersex organisations they said they couldn’t provide any practical support. As StopIGM.org has no funding and this week is also the 82nd CRC Session in Geneva where the UN Committee on the Rights of the Child will examine IGM in Portugal, unfortunately, the ESPE mutilators will be able to promote their trade unchallenged.

See also:
Open Letter of Concern to EU Committee on Civil Liberties 2018
Spain > 2 Days of Live Intersex Genital Mutilation – Unchallenged
Open Letter of Concern to ‘6th I-DSD Symposium’ Copenhagen 2017
USA > ESPE et al. Celebrating End of Intersex Human Rights – Unchallenged
Open Letter of Concern to ’55th ESPE’ Paris 2016
Open Letter of Concern to ‘6th ISHID Hypospadias Workshop’, Seligenstadt 2015
Open Letter of Concern to ’53rd ESPE’ Dublin 2014
Open Letter of Concern to ‘4th WOFAPS’ Berlin 2013
Open Letter of Concern to ‘9th Joint Meeting’ (ESPE/LWPES) Milano 2013
Open Letter of Concern to ‘4th I-DSD Symposium’ Glasgow 2013
Open Letter of Concern to ’51st Annual Meeting of ESPE’ Leipzig 2012
Open Letter of Concern to ’23rd ESPU’ Zurich 2012
Open Letter of Concern to ‘ISHID’ Live Genital Mutilators London 2011
Open Letter of Concern to ‘3rd EuroDSD Symposium’ Lübeck 2011
Open Letter of Concern to ’11th EMBL/EMBO Conference’ Heidelberg 2010

Autriche > Communiqué de presse de l’ONU met l’accent sur la mutilation génitale des enfants intersexes

 [ English ]

Zwischengeschlecht.org on FacebookLors de sa 73ème session à Genève, le Comité des Nations Unies pour l’élimination de la discrimination à l’égard des femmes (CEDAW) examinera la situation des droits de l’homme en Autriche. StopIGM.org et l’Association des personnes intersexuées en Autriche VIMÖ ont fourni au Comité des preuves de mutilations génitales intersexes (MGI) en cours. Avant l’examen, les ONG ont eu l’occasion d’informer le Comité en séance publique à Genève.

La déclaration sur les MGI présentée par Daniela Truffer (StopIGM.org) a été soulignée dans le communiqué de presse de l’ONU sur le briefing des ONG :

“Le Comité pour l’élimination de la discrimination à l’égard des femmes auditione la societé civile”
>>> Communiqué de presse de l’ONU (08.07.2019)

StopIGM a déploré que les enfants nés intersexes en Autriche, dotés d’organes génitaux « ambigus », soient toujours soumis à des interventions chirurgicales génitales superflues, y compris l’amputation partielle du clitoris, des procédures de stérilisation et des expérimentations humaines, sur la base des stéréotypes sociétaux et culturels sur ce qui constitue un corps masculin ou féminin acceptable. Pourtant, a dit l’ONG, la Cour constitutionnelle autrichienne a explicitement reconnu en 2018 que le fait d’être intersexe constitue une « variation » et non « un développement pathologique » et a conclu que le fait que les familles craignent la stigmatisation ne saurait en aucun cas justifier de telles interventions.

>>> Full Intersex NGO Statement (PDF) | (DOCX)
>>>
Austria: Intersex, IGM, Gender Stereotypes and Racism (PDF) | DOCX

See also:
Only the Fear of the Judge Will Make IGM Perpetrators Change’
• ‘Harmful Medical Practice’: UN, COE, ACHPR, IACHR condemn IGM
42 UN Reprimands for Intersex Genital Mutilations – and counting …
UN Committee for the Rights of the Child (CRC): IGM = Harmful Practice + Violence
UN Committee against Torture (CAT) 2015: IGM = Inhuman Treatment or Torture
UN Women’s Rights Committee (CEDAW): IGM = Harmful Practice
UN Committee on the Rights of Persons with Disabilities (CRPD): Violation of Integrity
UN Human Rights Committee (HRCttee) to examine IGM Practices
CAT 2011: Germany must investigate IGM practices and compensate survivors!

Austria > UN Press Release Highlights Intersex Genital Mutilation

 [ Français ]

Zwischengeschlecht.org on FacebookIGM = CRIME, Not 'Health Care' or 'Therapy'!During its 73rd Session in Geneva, the UN Committee on the Elimination of Discrimination against Women (CEDAW) will examine the human rights record of Austria. StopIGM.org and the Austrian Association of Intersex People VIMÖ provided the Committee with evidence of ongoing Intersex Genital Mutilations (IGM). Prior to the examination, NGOs had the opportunity to brief the Committee in a public session in Geneva.

The statement on IGM presented by Daniela Truffer (StopIGM.org) was highlighted in the UN press release on the NGO Briefing:

“Committee on the Elimination of Discrimination against Women hears from civil society organizations from Democratic Republic of the Congo, Austria, Cabo Verde and Guyana”
>>> UN Press Release (08.07.2019)

StopIGM said that, in Austria, intersex children born with so-called “ambiguous” genitalia continued to be submitted to unnecessary genital surgeries — including partial clitoris amputation, sterilizing procedures and human experimentation.  Such surgeries were based on societal and cultural stereotypes of what constituted female or male bodies, and were nevertheless advocated and paid for by the public health system.  To this day, rather than combat, investigate and monitor intersex genitalia mutilations, the State party refused to disclose statistics on this matter, and had tried to misrepresent this practice as supposedly genuine health care, despite the severe pain and suffering it caused.

>>> Full Intersex NGO Statement (PDF) | (DOCX)
>>>
Austria: Intersex, IGM, Gender Stereotypes and Racism (PDF) | DOCX

See also:
Only the Fear of the Judge Will Make IGM Perpetrators Change’
• ‘Harmful Medical Practice’: UN, COE, ACHPR, IACHR condemn IGM
42 UN Reprimands for Intersex Genital Mutilations – and counting …
UN Committee for the Rights of the Child (CRC): IGM = Harmful Practice + Violence
UN Committee against Torture (CAT) 2015: IGM = Inhuman Treatment or Torture
UN Women’s Rights Committee (CEDAW): IGM = Harmful Practice
UN Committee on the Rights of Persons with Disabilities (CRPD): Violation of Integrity
UN Human Rights Committee (HRCttee) to examine IGM Practices
CAT 2011: Germany must investigate IGM practices and compensate survivors!

UN Child Rights Committee reprimands Malta for Intersex Genital Mutilation


Photo: Markus Bauer and Daniela Truffer (StopIGM.org) with the thematic intersex NGO report on Malta
at the 81st CRC Session, Palais Wilson, Geneva 15.05.2019

Zwischengeschlecht.org on FacebookPress Release by StopIGM.org, 07.06.2019:

Malta is world-famous for being the first state to formally outlaw intersex genital mutilation, claiming to have meanwhile ‘equalis[ed] the penalties applicable to intersex genital mutilation to the penalties applicable to female genital mutilation’. During its 81st Session the UN Committee on the Rights of the Child (CRC) examined these claims, based on an NGO report by StopIGM.org documenting evidence of IGM still being practiced in Malta both domestically and overseas due to legal loopholes and lack of enforcement.

As a result, CRC has now reprimanded Malta for IGM practices.

In its binding Concluding Observations, the Committee unmistakably condemns IGM in Malta as a ‘harmful practice’ according to art. 24 (3) of the Convention (just like FGM, which is also covered in the same paragraphs of the Concluding Observations), further referring to the CRC-CEDAW Joint General Recommendation No. 18/31 ‘on harmful practices’ and target 5.3 of the Sustainable Development Goals (‘eliminate all harmful practices’).

StopIGM.org welcomes this clear verdict, and in particular that CRC explicitly obliged Malta to

  • protect intersex children from all ‘unnecessary medical or surgical procedures’ without informed consent of the person concerned (which, contrary to Malta’s claims, clearly also include IGM 1 ‘hypospadias repair’)
  • ensure that intersex children and their families receive adequate counselling and support’
  • ‘effectively investigate incidents’ of IGM and ‘provide redress to victims […], including adequate compensation and rehabilitation’. (Full binding CRC recommendation see below.)

Daniela Truffer, IGM survivor and founding member of StopIGM.org, said:

‘For far too long and by far too many, Malta has been uncritically heralded as a “promised land” for intersex children, without ever taking a hard look at the less savoury reality behind the well-sounding promises and claims of Maltese officials. Fortunately the UN Committee on the Rights of the Child refused to have the wool pulled over its eyes, but finally made clear that, when it comes to harmful practices, mere legislation alone is not enough – and even less legislation marred by serious gaps and loopholes, which in practice isn’t enforced. Intersex children deserve better!

As stipulated in the CEDAW-CRC Joint General Comment invoked by the Committee, Malta urgently needs to implement a “holistic framework” to ensure “data collection”, “monitoring” and “enforcement” of the law, as well as that “children subjected to harmful practices have equal access to justice, including by addressing legal and practical barriers to initiating legal proceedings, such as the limitation period, and that the perpetrators and those who aid or condone such practices are held accountable”.

It sickens me to see how Maltese officials continue to condone, trivialise, advocate, facilitate and even personally perpetrate intersex genital mutilation with impunity, while at the same time masquerading as intersex champions, even at the UN. Everyone who condones or even supports such behaviour instead of challenging it loud and clear is just as guilty as those who wield the scalpel.’

CRC81: Full Binding Intersex Recommendations to Malta

>>> Download full Concl Obs: CRC/C/MLT/CO/3-6 –> paras 28 (b) – 29 (d) + (e)
>>> Full Intersex NGO Report by StopIGM.org (PDF, 768 kb)
>>> CRC81 TRANSCRIPT + VIDEO: Malta questioned about IGM – Gov denies
>>> Intersex article in the “Times of Malta”

‘E. Violence against children (arts. 19, 24 (3), 28 (2), 34, 37 (a) and 39)

Harmful practices  [art. 24 (3)]

28. While welcoming the State party’s efforts to eliminate harmful practices against children, including the amendment to article 251 of the Criminal Code that criminalizes female genital mutilation, forced sterilization and forced marriage, and the adoption of the Gender Identity, Gender Expression and Sex Characteristics Act that provides for the recognition of gender identity on person’s self-identification rather than harmful medical and surgical requirements, the Committee remains concerned that:

[…]

(b) There are cases of intersex children allegedly subjected to surgical and other procedures, which were medically unnecessary, without their consent to such procedures, which often entail irreversible consequences and can cause severe physical and psychological suffering; and the lack of redress and compensation in such cases.

29. With reference to its joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child on harmful practices (2014) and taking note of target 5.3 of the Sustainable Development Goals, the Committee urges the State party to:

[…]

(d) Ensure that intersex children are not subjected to unnecessary medical or surgical procedures during infancy or childhood, and guarantee the bodily integrity, autonomy and self-determination of the children concerned, and provide families with intersex children with adequate counselling and support;

(e) Effectively investigate incidents of surgical and other medical treatment of intersex children without informed consent and provide redress to victims of such treatment, including adequate compensation and rehabilitation.’

Background: Malta, Intersex, IGM and the CRC

Malta is world-famous for being the first state to formally outlaw intersex genital mutilation in 2015, despite that the law failed to include any sanctions (penalties) and IGM continues both domestically and overseas. After tacitly amending the law last year, the Maltese government now claims to have ‘equalis[ed] the penalties applicable to intersex genital mutilation to the penalties applicable to female genital mutilation’. But is this really true?

A NGO report by StopIGM.org to the UN Committee on the Rights of the Child (CRC) demonstrates that in Malta the penalties for IGM are still less than half of those for FGM, and that in relation to IGM the law also contains other known loopholes, with the result that that intersex genital mutilation continues unchanged, both domestically in university children’s clinics, including the Mater Dei Hospital, and abroad in contractual clinics, notably in the UK, Belgium and Italy. (The government still does not disclose any figures on this subject.)

In contrast to the Maltese prohibition of FGM, there is still no extraterritorial protection against genital mutilation on intersex children in Malta (i.e. IGM abroad continues with impunity), also incitement, financing, aiding and abetting, etc. are still allowed to continue with impunity when it comes to IGM, even domestically. Accordingly, the law is ignored or not enforced in Maltese clinics – with the tacit approval of the Maltese government, whose Minister of Health is not only a well-known advocate of IGM, but as a paediatric surgeon also a hands-on IGM practitioner.

During its 81st session in Geneva, the UN Committee on the Rights of the Child, based on our NGO report, questioned Malta about IGM practices and the actual implementation of the law concerning Intersex children (see video + transcript). The Maltese delegation ‘replied’ on ‘intersex and trans children’ and ‘LGBTIQ issues’, claimed there were ‘no cases of unnecessary medical or surgical interventions’, neither ‘locally’ nor ‘abroad’, and promised to convene yet another ‘interministerial committee who will be following up the implementation of the law more closely’ (see video + transcript). (In a personal conversation a delegate confirmed that the most common form IGM 1 ‘hypospadias repair’ is practised unchanged in Malta, ‘but that’s not Intersex’).

On the day of the State Examination in Geneva, the Times of Malta reported on our NGO report and the evidence documented therein that in Malta – despite all appearances – intersex children are still victims of genital mutilation. Remarkable are also the the comments below the article, including a telling one by someone apparently at least close to IGM doctors, complaining that “[…] hypospadias repair surgery is done by fully qualified health care professionals […] I find it offensive to label such surgery as IGM. […] Parents also have a duty of care towards their children and should not be made to feel guilty if they seek a medical opinions and treatment.” (JK Scicluna on May 15, 2019 8:42 PM) – however, most comments are opposing IGM.

Eventually, a week after concluding the 81st session, the Committee now published its Concluding Observations – including a reprimand to Malta for IGM practices, and binding recommendations on how to effectively protect intersex children not just on paper, but also in practice, marking the very first UN reprimand for IGM to Malta, the 14th European country reprimanded for IGM, and already the 42nd UN Treaty body reprimands condemning intersex genital mutilations as a serious violation of non-derogable human rights.

2019-CAT-UK-NGO-Coalition-Intersex-IGMIntersex Genital Mutilations in Malta: 2019 CRC Report
Human Rights Violations Of Children With Variations Of Reprod. Anatomy
IGM in Malta + overseas • Legal gaps & loopholes • Harmful Practice
>>> Download as PDF (758 kb)

See also:
‘Only the Fear of the Judge Will Make IGM Perpetrators Change’
“Harmful Medical Practice”: UN, COE, ACHPR, IACHR condem IGM
40 UN Reprimands for IGM – and counting …
UN Committee for the Rights of the Child (CRC): IGM = Harmful Practice + Violence
UN Committee against Torture (CAT) 2015: IGM = Inhuman Treatment or Torture
UN Women’s Rights Committee (CEDAW): IGM = Harmful Practice
UN Committee on the Rights of Persons with Disabilities (CRPD): Violation of Integrity
UN Human Rights Committee (HRCttee) condemns IGM Practices

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 is a Harmful Practice
>>> Download PDF (3.14 MB)     >>> Table of Contents

Eliminating IGM practices by holding the perpetrators accountable via well-established applicable human rights frameworks, including Inhuman Treatment and Harmful Practices – Presentation @ UN expert meeting on Intersex Human Rights
>>> Download PDF (831kb)

CRC81 > TRANSCRIPT + VIDEO: Malta questioned about Intersex Genital Mutilation by UN – Gov denies + sidesteps

[ Résumé en français ]   [ Zusammenfassung auf deutsch ]


CRC 81st Session @ Palais Wilson, Geneva 15.05.2019, 09:51h: Getting ready …
Right row, back (just below the podium): Ms. Velina Todorova who asked about IGM.

Zwischengeschlecht.org on FacebookThis week, the UN Committee on the Rights of the Child (CRC) is examining the human rights record of Malta during its 81st Session in Geneva, to be transmitted LIVE on webtv.un.org!

A thematic intersex NGO report by StopIGM.org highlights serious gaps and legal loopholes in Malta’s law concerning intersex children, and documents how Malta continues to promote and facilitate IGM practices, both domestically and overseas in contractual hospitals. >>> Article in the Times of Malta (15.05.2019)

StopIGM.org was reporting LIVE from Geneva, hoping the Committee will ask tough questions on IGM practices in Malta! 

UPDATE: Malta reprimanded for IGM by UN-CRC!

Session 1, Tue 15 May 2019, 15-18h CEST

15:07h (Video @ 00:06:33): In her introductory statement, the Maltese Head of Delegation Dr Marisa Scerri (Director General (Social Policy), Ministry for the Family, Children’s Rights and Social Solidarity (MFCS)), refers to the GIGESC Law (which reportedly fails intersex children), claims it would “protect” intersex children “against unwanted or unnecessary surgical intervention” (download full statement): :-(

«In Malta, children have been a national priority for several decades as reflected in various laws including child-related provisions in the areas of education, social security, adoption, and crime victims. The Gender Identity, Gender Expression and Sex Characteristics Act, a law which the United Nations’ Free and Equal Campaign, and several human rights civil society organisations hailed as a legal benchmark for the rights of trans, gender variant and intersex persons, introduced a right to gender identity to adults and minors alike; as well as, a right to bodily integrity and physical autonomy, protecting minors against unwanted or unnecessary surgical intervention or other medical treatment on their sex characteristics.»

15:49h (Video @ 00:50:29): YAY!! CRC Vice Chairperson and Country Co-rapporteur Ms. Velina Todorova  raises “non-urgent, irreversible, surgical and other procedures” on intersex children under “harmful practices”! Asks about measures, sanctions and prosecutions, including in cases where IGM is perpetrated abroad.  :-) Unofficial Transcript:

«I go to harmful practices. The reply states that there had been no reported cases of cruel, inhuman or degrading treatment including forced marriages and female genital mutilation. However, we were informed that a research had been undertaken at it shows that 50% of migrant girls mostly originating from FGM practising countries are at high risk of FGM. We are aware also of the positive measures taken in Malta but we would like to hear more about the effective prevention and protection measures.

And to address this positive and progressive legislation with regard to intersex children, I would like to express our concern that the implementation of the law, it’s a question, is really in accordance with the principles of the convention, for example is the best interest of the children, of the child considered in taking decisions with regard to changing the sex? We have been informed also that many non-urgent, irreversible, surgical and other procedures have been undertaken on intersex children before an age at which they are able to provide informed consent, so this could be regarded as unlawful. For small children these decisions are taken by parents and we heard that operations had been undertaken in breach of the law or abroad.

Are there such cases, are there cases prosecuted, are doctors sanctioned, medical doctors? Could you please inform us a little bit more on these issues. What are the measures taken by the Government to implement properly this progressive law in the interest of children? Thank you very much.»

16:37h (Video @ 01:38:59): Longwinded but weak “answer” on IGM by Head of Delegation Dr Marisa Scerri (Director General (Social Policy), Ministry for the Family, Children’s Rights and Social Solidarity (MFCS)), again refers to the GIGESC Law (which reportedly fails intersex children), and repeatedly digresses to discuss trans children, gender identity, etc. Claims no IGM procedures “in breach of the law” perpetrated neither domestically or aboad. admits no convictions yet for IGM. :-( Unofficial Transcript:

«Another … another question was that concerning … the … intersex … and trans children. Well, as indicated in our opening speech Malta adopted the Gender Identity Gender Expression and Sex Characteristics Act in 2015. The bill towards this act was prepared by the Ministry for Social Dialogue, Consumer Affairs and Civil Liberties in consultation with the LGBTIQ Consultative Council, which is a body set up by Government and consisting of representatives of all LGBTIQ organisations. So, again, this goes to show that there is coordination both with volunteer organisations as well as with Civil Society organisations, so that we try to come up with the most effective policies and goals that actually address the realities on the ground.

The formulation of a law was intended to provide all citizens of Malta the right [to] gender identity and to protect all persons against breaches to their right to bodily integrity and physical autonomy. Specifically with regard to intersex persons the initial formulation was presented to the Minister for Health who is responsible to follow such cases, who confirmed that the aims of the bill was already the current practice in Malta. An agreement between the Ministry for Health and the Ministry for Social Dialogue, Consumer Affairs and Civil Liberties was therefore reached fairly quickly. The European Branch of the Organisation Intersex International was consulted prior to the presentation of the bill in Parliament. The bill reached its third and final reading on the 1st of April 2015 and passed with the support of all members of Parliament, nem con that is in unanimously.

In press statements issued on the day Transgender Europe called the law a historic breaktrough for the rights of trans and intersex persons in Malta and Europe. While Malta was also congratulated on this bill by OII Europe which stated that by making these procedures unlawful until the individual can provide informed consent, Malta is taking vital steps to ensure that the individual’s primary rights to self-determination, bodily integrity and personal dignity are respected. For the first time in history, intersex individuals will no longer be forced to endure arbitrary surgical sex assignment based on sociological factors. This NGO went on to encourage the Governments of other nations to look to Malta as an example of legislative good practice in this regard.

The latest amendment to the Gender Identity Gender Expression and Sex Characteristics Act effected during the implementation of the Council of Europe Istanbul Convention in Maltese law introduced fines and even prison terms for those in breach of the right to bodily integrity and physical autonomy. This to bring greater clarity to the framework for legal sanctions against all forms of genital mutilation including intersex genital mutilation and link it closer to framework that applies to female genital mutilation.

It is important to note that there were no cases of unnecessary medical or surgical interventions carried out locally on intersex minors or any such cases referred for intersex surgery abroad in breach of the law. Maltese law allows for both civil and criminal redress, however, to date no criminal convictions have been reported in this respect.

It’s also important to note that thanks to the promotions and efforts by Maltese Government vis-à-vis LGBTIQ issues parents are increasingly aware of variations in sex characteristics and therefore also increasingly prepared to deal with own intersex children. In a similar vain, trans children have changed gender in primary school education without incident, in line with the transgender variant and intersex students in schools policy.»

16:45h (Video @ 01:46:37): Delegation member Dr Karen Vincenti (Consultant Public Health Medicine, Department for Policy in Health, Office of the Chief Medical Officer, Ministry of Health) complements initial ”answer“ on IGM, again claims GIGESC Act has been “so far successful”, further referring to an “interministerial committee who will be following up the implementation […] currently being set up”, and again digresses to “transgender service”. :-( Unofficial Transcript:

«[Head of Delegation:] I invite my colleague Dr Karen Vincenti to give us her views, her Ministry’s position regarding aspects of questions raised which concern the health dimension.»

«[Dr Karen Vincenti:] Thank you, Dr Scerri. Regarding the issue, regarding the intersex genital mutilation, I have nothing more, not much more to add, only that these cases, we moved away quite extensively from the usual medical model, and the transgender service was actually set up with very close consultation with Civil Society and also the clinicians and the patients themselves.

So basically it’s very, it was a new challenge which we understand has been so far, so far been successful that took into consideration all these needs. The, we have, due to our smallness and the small amount of cases, we have one paediatric endocrinologist who is responsible to follow these cases, and the formulation was, for the law, was carried out very closely with, with this expert and with all the experts concerned. There will be an interministerial committee who will be following up the implementation of the law more closely, and this is currently being set up.»

After the Session: Unsurprisingly, when we tried to talk to Delegation members to share our NGO report, one member openly admitted that [WARNING!!!] IGM 1 “hypospadias repair surgery” continues to be practiced also in Malta itself, “but that’s not intersex”.

So let’s hope the Committee will not have the wool pulled over its eyes – but will issue yet another strong reprimand for IGM, and the very first one to Malta, after the Session!

2019-CAT-UK-NGO-Coalition-Intersex-IGMIntersex Genital Mutilations in Malta: 2019 CRC Report
Human Rights Violations Of Children With Variations Of Reprod. Anatomy
IGM in Malta + overseas • Legal gaps & loopholes • Harmful Practice
>>> Download as PDF (758 kb)

UPDATE: Article in the Times of Malta (15.05.2019)

UPDATE: YAY!! Malta reprimanded for IGM practices by UN-CRC!

See also:
42 UN Reprimands for IGM – and counting …
“Harmful Medical Practice”: UN, COE, ACHPR, IACHR condem IGM
UN Committee for the Rights of the Child (CRC): IGM = Harmful Practice + Violence
UN Committee against Torture (CAT) 2015: IGM = Inhuman Treatment or Torture
UN Women’s Rights Committee (CEDAW): IGM = Harmful Practice
UN Committee on the Rights of Persons with Disabilities (CRPD): Violation of Integrity
UN Human Rights Committee (HRCttee) condemns IGM Practices

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 is a Harmful Practice
>>> Download PDF (3.14 MB)     >>> Table of Contents

Eliminating IGM practices by holding the perpetrators accountable via well-established applicable human rights frameworks, including Inhuman Treatment and Harmful Practices – Presentation @ UN expert meeting on Intersex Human Rights
>>> Download PDF (831kb)

Times of Malta: “‘Human rights for hermaphrodites too’, international organisation tells Malta” (15.05.2019)

 [ Français ]   [ Deutsch


>>> Full Times of Malta article + comments: click in picture!

Zwischengeschlecht.org on FacebookThe Times of Malta reported on our NGO report’s findings, highlighting Malta’s lack of action regarding [WARNING!!!] IGM 1 “hypospadias repair surgery”!

Also noteworthy are the comments below the article, including a telling one by someone apparently at least close to IGM doctors, complaining that “[…] hypospadias repair surgery is done by fully qualified health care professionals […] I find it offensive to label such surgery as IGM. […] Parents also have a duty of care towards their children and should not be made to feel guilty if they seek a medical opinions and treatment.” (JK Scicluna on May 15, 2019 8:42 PM) – however, most comments are opposing IGM.

>>> CRC81 > Malta questioned about Intersex Genital Mutilation
>>> Genital mutilation: How Malta’s law fails intersex children

2019-CAT-UK-NGO-Coalition-Intersex-IGMIntersex Genital Mutilations in Malta: 2019 CRC Report
Human Rights Violations Of Children With Variations Of Reprod. Anatomy
IGM in Malta + overseas • Legal gaps & loopholes • Harmful Practice
>>> Download as PDF (758 kb)

See also:
40 UN Reprimands for IGM – and counting …
“Harmful Medical Practice”: UN, COE, ACHPR, IACHR condem IGM