| Intersex rights in Uganda | |
|---|---|
 | |
| Protection of physical integrity and bodily autonomy | No |
| Protection from discrimination | No |
| Changing M/F sex classifications | Yes (children only) |
| Intersex topics |
|---|
 |
Intersex people in Uganda face a dangerous environment, with significant gaps in protection from mutilation and non-consensual cosmetic medical interventions and protection from discrimination.
Traditionally, children who are identified as having an intersex condition at birth were killed, and mothers may be accused of witchcraft. [1] This is beginning to change, with the help of intersex civil society organizations like SIPD Uganda, but stigma, violence, abuse and exploitation still persist. [1] [2]
In December 2017, African intersex activists published a statement setting out local demands. [3]
Reports suggest that the birth of an intersex infant can be regarded as a curse or bad omen, resulting in infanticide, neglect, and the stigmatization of the mother. [2] Mothers may even be expelled from their community, and intersex children may be separated from siblings. [1] [4]
Intersex persons may experience coercive medical interventions, in medical settings and outside medical settings. However, intersex persons who require medical attention may also have difficulties accessing necessary treatment. [1] [5]
A 2014 Civil Society Coalition on Human Rights and Constitutional Law report identified multiple cases where surgeries and medical interventions led to human rights abuses. In one case, surgery conducted by medical practitioners without family consent led to the child having health problems and dropping out of school. [4] In another case, a child was abandoned at hospital after genital surgery because of the cost of treatment. The hospital discontinued his treatment. [4]
Sam Lyomoki, a Ugandan MP and a doctor, has stated that the parliament "issued guidelines in 2015 to the Ministry of Health advising against surgical intervention for intersex infants", however, "Local radio stations in Uganda buzz with appeals seeking donors to help fund genital reshaping surgery abroad" and surgeries are also carried out within Uganda. [6] Local organization SIPD Uganda "advocates for the 'best guess' non-surgical approach where an intersex child should be raised in the best-suited gender, without irreversible surgical intervention, until they can be active participants in the decision". [6]
The constitution of Uganda provides for recognition of fundamental rights and freedoms, equality and non-discrimination, privacy, education and affirmative action. [1] The African Charter on the rights and welfare of the African child commits member countries, including Uganda, to the protection of all children – including intersex children – against social, economic, cultural and political abuse and exploitation. [1] In practice, intersex persons remain subject to violence, discrimination and abuse. [7]
In research by SIPD Uganda, 90% of intersex youth reported that they were forced to drop out of school because of the immense stigma and discrimination associated with the non-binary development of their intersex body." [1] [8]
The Registration of Persons Act 2015 allows for the registration of a child born a "hermaphrodite", and for change of name and change of sex classification. The recommendation of a medical clinician is required. Changes of name can create social problems, and the situation of adults is uncertain. [9] [1] Many intersex persons are understood to be stateless due to historical difficulties in obtaining identification documents. [1]
SIPD Uganda has called for recognition of the human rights of intersex people in Uganda, and in the East African region, including protection from harmful surgeries, access to care, protection from discrimination and abuse, and access to education and employment. SIPD Uganda has worked with some 700 intersex persons in the 25 Ugandan administrative districts where it delivers services. [5] The organization also convened a 2014 regional meeting of intersex advocates allies from Rwanda, Burundi, Kenya, Congo, Tanzania, and Uganda. [1]
Intersex is commonly confused with being lesbian or gay, and this has consequences for organizing and disclosure, as well as discrimination towards intersex persons. Julius Kaggwa, the executive director of SIPD, describes the situation in Uganda as dangerous. [7] [10] [11] [12]
Intersex medical interventions, also known as intersex genital mutilations (IGM), are surgical, hormonal and other medical interventions performed to modify atypical or ambiguous genitalia and other sex characteristics, primarily for the purposes of making a person's appearance more typical and to reduce the likelihood of future problems. The history of intersex surgery has been characterized by controversy due to reports that surgery can compromise sexual function and sensation, and create lifelong health issues. Timing, evidence, necessity and indications for surgeries in infancy, adolescence or adult age have been controversial, associated with issues of consent.
Intersex people are individuals born with any of several sex characteristics including chromosome patterns, gonads, or genitals that, according to the Office of the United Nations High Commissioner for Human Rights, "do not fit typical binary notions of male or female bodies".
Intersex people are born with sex characteristics, such as chromosomes, gonads, or genitals, that, according to the UN Office of the High Commissioner for Human Rights, "do not fit typical binary notions of male or female bodies."
Julius Kaggwa is a prominent Ugandan intersex and transgender activist and executive director of intersex support organization Support Initiative for People with atypical sex Development (SIPD). In 2010, Kaggwa was a joint winner of the Human Rights First Human Rights Award. The following year, he was a joint winner of the Human Rights Defenders Award.
Intersex people are born with sex characteristics, such as chromosomes, gonads, or genitals that, according to the United Nations Office of the High Commissioner for Human Rights, "do not fit typical binary notions of male or female bodies".
Intersex people are born with sex characteristics, such as chromosomes, gonads, or genitals that, according to the UN Office of the High Commissioner for Human Rights, "do not fit typical binary notions of male or female bodies". "Because their bodies are seen as different, intersex children and adults are often stigmatized and subjected to multiple human rights violations".
Intersex people are born with sex characteristics that "do not fit the typical definitions for male or female bodies". They are substantially more likely to identify as lesbian, gay, bisexual, or transgender (LGBT) than the non-intersex population, with an estimated 52% identifying as non-heterosexual and 8.5% to 20% experiencing gender dysphoria. Although many intersex people are heterosexual and cisgender, this overlap and "shared experiences of harm arising from dominant societal sex and gender norms" has led to intersex people often being included under the LGBT umbrella, with the acronym sometimes expanded to LGBTI. Some intersex activists and organisations have criticised this inclusion as distracting from intersex-specific issues such as involuntary medical interventions.
The following is a timeline of intersex history.
Intersex rights in New Zealand are protections and rights afforded to intersex people. Protection from discrimination is implied by the Human Rights Act and the Bill of Rights Act, but remains untested. The New Zealand Human Rights Commission states that there has seemingly been a "lack of political will to address issues involved in current practices of genital normalisation on intersex children".
Intersex rights in Australia are protections and rights afforded to intersex people through statutes, regulations, and international human rights treaties, including through the Sex Discrimination Act 1984 (Cth) which makes it unlawful to discriminate against a person based upon that person's intersex status in contexts such as work, education, provision of services, and accommodation.
Intersex people in the United States have some of the same rights as other people, but with significant gaps, particularly in protection from non-consensual cosmetic medical interventions and violence, and protection from discrimination. Actions by intersex civil society organizations aim to eliminate harmful practices, promote social acceptance, and equality. In recent years, intersex activists have also secured some forms of legal recognition. Since April 11, 2022 US Passports give the sex/gender options of male, female and X by self determination.
Intersex people in South Africa have some of the same rights as other people, but with significant gaps in protection from non-consensual cosmetic medical interventions and protection from discrimination. The country was the first to explicitly include intersex people in anti-discrimination law.
Intersex people in the United Kingdom face significant gaps in legal protections, particularly in protection from non-consensual medical interventions, and protection from discrimination. Actions by 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. Intersex civil society organisations campaign for greater social acceptance, understanding of issues of bodily autonomy, and recognition of the human rights of intersex people.
Since March 15, 2022, Chile bans discrimination based on "sex characteristics" under Law 21,430 on Guarantees and Integral Protection of the Rights of Children and Adolescents. Between December 2015 and August 2016, the Chilean Ministry of Health issued a regulatory suspension of non-necessary cosmetic medical interventions on intersex children. The guidelines were replaced by guidance permitting intersex medical interventions.
Intersex rights in China including the People's Republic of China, the Hong Kong Special Administrative Region, etc., are protections and rights afforded to intersex people through legislation and regulation. Obligations also arise in United Nations member states that sign international human rights treaties, such as the People's Republic of China. Intersex people in China suffer discrimination. Issues include both lack of access to health care and coercive genital surgeries.
Intersex people in Kenya face significant human rights violations, starting from birth. There are few protections from mutilation and non-consensual cosmetic medical interventions and no legislative protection from discrimination. Intersex persons may have difficulties in obtaining birth certificates and others forms of documentation.
Intersex people are born with sex characteristics, such as chromosomes, gonads, hormones, or genitals that, according to the UN Office of the High Commissioner for Human Rights, "do not fit the typical definitions for male or female bodies". Such variations may involve genital ambiguity, and combinations of chromosomal genotype and sexual phenotype other than XY-male and XX-female.
In Mexico there are no explicit rights reserved to intersex persons, no protections from non-consensual cosmetic medical interventions on intersex children and no legislative protection from discrimination. Intersex persons may have difficulties in obtaining necessary health care.
Intersex people in Argentina have no recognition of their rights to physical integrity and bodily autonomy, and no specific protections from discrimination on the basis of sex characteristics. Cases also exist of children being denied access to birth certificates without their parents consenting to medical interventions. The National Institute Against Discrimination, Xenophobia and Racism and civil society organizations such as Justicia Intersex have called for the prohibition of unnecessary medical interventions and access to redress.
Intersex people in Switzerland have no recognition of rights to physical integrity and bodily autonomy, and no specific protections from discrimination on the basis of sex characteristics. In 2012, the Swiss National Advisory Commission on Biomedical Ethics published a report on the medical management of differences of sex development or intersex variations.
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