Intersex rights in the United Kingdom

Source: Wikipedia, the free encyclopedia.

Intersex rights in the United Kingdom
Location of the United Kingdom
Protection of physical integrity and bodily autonomyNo
Protection from discriminationNo / Yes (Jersey)
Access to same rights as other men and womenNo
Changing M/F sex classificationsNo
Third gender or sex classificationsNo
MarriageYes
Rights by country
Intersex topics
Intersex flag
Human rights and legal issues
Medicine and biology
Society and culture
History and events
Rights by country
See also

intersex civil society organisations aim to eliminate unnecessary medical interventions and harmful practices, promote social acceptance, and equality in line with Council of Europe and United Nations demands.[1][2]
Intersex civil society organisations campaign for greater social acceptance, understanding of issues of bodily autonomy, and recognition of the human rights of intersex people.

The island of Jersey has enacted limited protections from discrimination. These do not protect an intersex person from unwanted medical interventions, nor address other issues raised in the Malta declaration.

History

Edward Coke, The First Part of the Institutes of the Lawes of England (1st ed, 1628, title page)
Further information:
Intersex in history

Hywel the Good's laws, c.940 CE, include a definition on the rights of hermaphrodites.[3] Henry de Bracton's De Legibus et Consuetudinibus Angliae ("On the Laws and Customs of England"), c. 1235,[4] classifies mankind as "male, female, or hermaphrodite",[5] and "A hermaphrodite is classed with male or female according to the predominance of the sexual organs."[6] The 17th-century English jurist and judge Edward Coke (Lord Coke), wrote in his Institutes of the Lawes of England on laws of succession stating, "Every heire is either a male, a female, or an hermaphrodite, that is both male and female. And an hermaphrodite (which is also called Androgynus) shall be heire, either as male or female, according to that kind of sexe which doth prevaile."[7][8] The Institutes are widely held to be a foundation of common law.

Accounts of intersex people include Hereford Mappa Mundi, a medieval map of the known world (c.1300), includes a hermaphrodite, outside the borders of the world known to its makers.[9][10] In the mid 19th-century, The Welshman newspaper published an account of a child on 7 November 1851.[11] Another case was reported in 1906 by The Cambrian newspaper in Wales, on the death in Cardiff of an intersex child who, at post-mortem examination, was determined to be a girl.[12] Known historical intersex figures in the UK include Sir Ewan Forbes (1912-1991), 11th Baronet of Craigievar, Dawn Langley Simmons (1937 or 1922 to 2000), English author and biographer, and Georgina Somerset (née Turtle) (1923-2013), the first openly intersex person in the UK.[13] Prominent present day individuals include "national LGBT treasure" Seven Graham, writer Iain Morland, Lady Colin Campbell, author of Guide to Being a Modern Lady, Lisa Lee Dark, Welsh opera singer and voice actress, Dee Palmer of Jethro Tull, and Caroline Cossey.

The first recorded suggestion to replace the term 'hermaphrodite' with 'intersex', in medicine, came from British physician Cawadias in the 1940s.[14] This suggestion was taken up by other physicians in the UK during the 1960s.[15][16]

The Androgen Insensitivity Syndrome Support Group (UK) established in 1988, three years after an equivalent

Australian group,[17] and some years before the (now-defunct) Intersex Society of North America (ISNA).[18] It has since been joined by Organisation Intersex International UK, Intersex UK[19]
and the UK Intersex Association (UKIA).

Intersex UK co-founder Holly Greenberry spoke at the "first

Organisation Intersex International Australia and Zwischengeschlecht.[20] She was also quoted in a feature in The Independent stating: "We are at a tipping point ... Most intelligent human beings would be completely surprised and utterly dismayed at the civil inequality and human rights abuses that healthy intersex children and young adults are facing."[19]

In a 2017 BBC News report, a representative of the Androgen Insensitivity Syndrome Support Group stated that doctors routinely withheld truth about patients' diagnoses from their patients up until 2012.[21]

Physical integrity and bodily autonomy

  Legal prohibition of non-consensual medical interventions
  Regulatory suspension of non-consensual medical interventions
Further information: Intersex human rights and Intersex medical interventions

Specialists at the Intersex Clinic at University College London began to publish evidence in 2001 that indicated the harm that can arise as a result of inappropriate interventions, and advised minimising the use of childhood surgical procedures.[22][23][24][25][26][27][28][29][30] Data presented in recent years suggests that little has changed in practice. Creighton and others in the UK have found that clitoral surgeries on under-14s have increased since 2006, and "recent publications in the medical literature tend to focus on surgical techniques with no reports on patient experiences".[31]

Parents are frequently considered able to consent to feminising or masculinising interventions on their child, and this may be considered standard for the treatment of physical disorders. However this is contested, particularly where interventions seek to address psychosocial concerns. A BMJ editorial in 2015 stated that parents are unduly influenced by medicalised information, may not realise that they are consenting to experimental treatments, and regret may be high.[32] The editorial described current surgical interventions as experimental, stating that clinical confidence in constructing "normal" genital anatomies has not been borne out, and that medically credible pathways other than surgery do not yet exist.[32]

A footnote to a

intersex civil society organisations later in 2016, including National Health Service Hospital Episode Statistics and clinical publications.[35] In its concluding observations, the Committee expressed concern at "medically unnecessary surgeries and other procedures on intersex children before they are able to provide their informed consent, which often entail irreversible consequences and can cause severe physical and psychological suffering, and the lack of redress and compensation in such cases". It called on the government to "guarantee bodily integrity, autonomy and self-determination to children concerned, and provide families with intersex children with adequate counselling and support", educate professionals, and provide redress.[36]

In 2017, the president of the British Association of Paediatric Urologists stated that "irreversible surgery is rarely performed in infancy" with parents fully involved in decision-making. Holly Greenberry of Intersex UK stated that parents remain coerced into making early surgical decisions.[21]

In October 2017, within a framework on protecting the integrity of the person, the UN Committee on the Rights of Persons with Disabilities called on the United Kingdom government to "repeal all types of legislation, regulations and practices allowing any form of forced intervention or surgery, and ensure that the right to free, prior and informed consent to treatment is upheld and that supported decision-making mechanisms and strengthened safeguards are provided, paying particular attention to women, intersex persons, girls and boys".[37]

Protection from discrimination

sex characteristics
  Explicit protection on grounds of intersex status
  Explicit protection on grounds of intersex within attribute of sex
Main article: Discrimination against intersex people

Intersex people are protected from discrimination in Jersey. Since 1 September 2015, Discrimination (Jersey) Law 2013 includes intersex status within its definition of sex. Sex is one of the prohibited grounds under the act, meaning that discrimination on this basis is prohibited. The act provides that:

"Sex"

(1) Sex is a protected characteristic.
(2) In relation to the protected characteristic –
(a) a reference to a person who has that characteristic is a reference to a man, a woman or a person who has intersex status;
(b) a reference to persons who share the characteristic is a reference to persons who are of the same sex.
(3) In this paragraph, a person has intersex status if the person has physical, chromosomal, hormonal or genetic features that are –
(a) neither wholly male or female;
(b) a combination of male or female; or
(c) neither male nor female

— Discrimination (Jersey) Law 2013, Schedule 1, as amended[38]

Identification documents

Main article: Legal recognition of intersex people

The United Kingdom does not permit intersex people to change sex classification, except by declaring that they are transgender and following relevant medical protocols including a diagnosis of gender dysphoria.[39]

Right to life

Further information: Genetic diagnosis of intersex

Several intersex variations appear in a list by the UK

5 alpha reductase deficiency and androgen insensitivity syndrome, traits evident in elite women athletes and "the world's first openly intersex mayor".[40][41] In 2015, a Council of Europe
Issue Paper on Human rights and intersex people stated:

Intersex people’s right to life can be violated in discriminatory “sex selection” and “preimplantation genetic diagnosis, other forms of testing, and selection for particular characteristics”. Such de-selection or selective abortions are incompatible with ethics and human rights standards due to the discrimination perpetrated against intersex people on the basis of their sex characteristics.[1]

Rights advocacy

Notable intersex rights organisations include

Fellow of the Royal Society of Arts,[42][43][44] and Seven Graham.[45] Iain Morland has written extensively on intersex issues, including through personal testimony.[46][47][48] Morland also co-founded Critical Sexology in 2002, a continuing interdisciplinary seminar series on gender and sexuality.[49]

See also

References

  1. ^ a b Council of Europe; Commissioner for Human Rights (April 2015), Human rights and intersex people, Issue Paper, archived from the original on 6 January 2016
  2. Office of the High Commissioner for Human Rights, archived from the original on 21 November 2016{{citation}}: CS1 maint: multiple names: authors list (link
    )
  3. ^ Shopland, Norena, Forbidden Lives: LGBT Stories from Wales (2017) Seren Books
  4. ^ Henry de Bracton. (2009). In Encyclopædia Britannica. Retrieved 17 March 2009, from Encyclopædia Britannica Online Archived 24 March 2009 at the Wayback Machine
  5. ^ de Bracton, Henry. On the Laws and Customs of England. Vol. 2 (Thorne ed.). p. 31. Archived from the original on 29 October 2016. Retrieved 7 February 2017.
  6. ^ de Bracton, Henry. On the Laws and Customs of England. Vol. 2 (Thorne ed.). p. 32. Archived from the original on 29 October 2016. Retrieved 7 February 2017.
  7. ^ E Coke, The First Part of the Institutes of the Laws of England, Institutes 8.a. (1st Am. Ed. 1812).
  8. SSRN 896307
    .
  9. S2CID 166086082
    .
  10. S2CID 187569252
    .
  11. ^ "'Extraordinary Circumstance' hermaphrodite child". The Welshman. 7 November 1981.
  12. ^ "Hermaphrodite Child - Curious Phenomenon at Cardiff". The Cambrian. 25 May 1906. p. 2. at the National Library of Wales
  13. ^ Somerset, G. T. (1992) A Girl Called Georgina – Over the Sex Border, London, The Book Guild.
  14. ^ Cawadias, A. P. (1943) Hermaphoditus the Human Intersex, London, Heinemann Medical Books Ltd.
  15. ^ Armstrong, C. N. (1964) "Intersexuality in Man", IN ARMSTRONG, C. N. & MARSHALL, A. J. (Eds.) Intersexuality in Vertebrates Including Man, London, New York, Academic Press Ltd.
  16. ^ Dewhurst, S. J. & Gordon, R. R. (1969) The Intersexual Disorders, London, Baillière Tindall & Cassell.
  17. ^ "Androgen Insensitivity Syndrome Support Group (AISSG)". Archived from the original on 21 January 2016. Retrieved 16 May 2016.
  18. ^ Androgen Insensitivity Syndrome Support Group Australia; Briffa, Anthony (22 January 2003). "Discrimination against People affected by Intersex Conditions: Submission to NSW Government" (PDF). Archived (PDF) from the original on 11 March 2016. Retrieved 16 May 2016.
  19. ^ a b Morrison, Sarah (1 December 2013). "Intersex women speak out to protect next generation". The Independent. Archived from the original on 10 November 2017.
  20. Organisation Intersex International Australia. 28 May 2014. Archived
    from the original on 29 December 2014. Retrieved 29 December 2014.
  21. ^ a b Kirkland, Faye (22 May 2017). "Intersex patients 'routinely lied to by doctors'". BBC News. Archived from the original on 23 May 2017. Retrieved 22 May 2017.
  22. S2CID 1390872
    .
  23. PMID 11385087
    .
  24. ISSN 1083-3188
    .
  25. ISSN 1083-3188
    .
  26. PMID 12849818
    .
  27. PMID 11731376
    .
  28. S2CID 10683021
    .
  29. PMID 12843205
    .
  30. S2CID 6928518
    .
  31. S2CID 89605693
    .
  32. ^
    S2CID 20580500
    .
  33. ^ United Kingdom; House of Commons; Women and Equalities Committee (January 2016), Transgender Equality (PDF), archived (PDF) from the original on 2 October 2017
  34. ^ Reid-Smith, Tris (10 June 2016). "Genital mutilation of UK intersex people on the NHS, UN acts". Gay Star News. Archived from the original on 8 February 2017.
  35. ^ Zwischengeschlecht.org; IntersexUK; OII-UK; The UK Intersex Association (April 2016). Intersex Genital Mutilations Human Rights Violations of Children with Variations of Sex Anatomy: NGO Report to the 5th Periodic Report of the United Kingdom on the Convention on the Rights of the Child (CRC) (PDF). Zurich. Archived (PDF) from the original on 9 November 2016.{{cite book}}: CS1 maint: location missing publisher (link)
  36. ^ United Nations; Committee on the Rights of Child (June 2016). "Concluding observations on the fifth periodic report of the United Kingdom of Great Britain and Northern Ireland". Geneva: United Nations. Archived from the original on 7 May 2017.
  37. ^ Committee on the Rights of Persons with Disabilities (October 2017). "Concluding observations on the initial report of the United Kingdom of Great Britain and Northern Ireland". United Nations Digital Library. United Nations. Retrieved 27 February 2021.
  38. ^ "DISCRIMINATION (SEX AND RELATED CHARACTERISTICS) (JERSEY) REGULATIONS 2015". 2015. Archived from the original on 14 March 2016.
  39. ^ Payton, Naith (23 July 2015). "Comment: Why the UK's gender recognition laws desperately need updating". The Pink Paper. Archived from the original on 26 January 2017.
  40. ^ Carpenter, Morgan (18 July 2014). "Morgan Carpenter at LGBTI Human Rights in the Commonwealth conference". Glasgow. Archived from the original on 8 October 2014. Retrieved 7 February 2017.
  41. Organisation Intersex International Australia (30 April 2014). Submission on the Review of Part B of the Ethical Guidelines for the Use of Assisted Reproductive Technology in Clinical Practice and Research, 2007 (Report). Sydney: Organisation Intersex International Australia. Archived from the original
    on 6 October 2014. Retrieved 7 February 2017.
  42. ^ University of Westminster alumni (2020). "Let's Talk About Intersex". issuu. Retrieved 17 March 2021.
  43. ^ McDermott, Sarah (26 October 2018). "My intersex life: Now I have a new penis, I hope I will find love". BBC News. Retrieved 17 March 2021.
  44. ^ InterconnectedUK (2020). "About Us, InterconnectedUK". InterconnectedUK. Retrieved 17 March 2021.
  45. ^ Graham, Sarah (18 October 2015). "Only two sexes? The barefaced lie that makes intersex people like me invisible". The Independent. Archived from the original on 8 March 2017.
  46. S2CID 145009069
    .
  47. ISBN 978-0-8135-5079-4. Archived from the original
    on 26 December 2014. Retrieved 30 November 2014.
  48. doi:10.1215/10407391-1629803
    .
  49. S2CID 68021786. Archived
    (PDF) from the original on 4 March 2016. Retrieved 26 December 2014.

Bibliography

External links

Retrieved from "https://en.wikipedia.org/w/index.php?title=Intersex_rights_in_the_United_Kingdom&oldid=1178622802"