UN reprimands of gender-conforming interventions on children with intersex conditions and variations of sex characteristics

Since 2011, six UN committees have called on numerous nations around the world to prohibit non-consensual gender-conforming interventions on children with variations of sex characteristics, as well as to provide redress for victims of bodily mutilation and other harms caused by these procedures.  These recommendations have largely been issued in response to the work of Non-Governmental Organisations (NGOs), as the committees have generally not taken up the initiative to include these surgeries in Lists of Issues without reports from NGOs urging protection of and remedies for the rights of the persons concerned.  StopIGM.org has been the most prominent driving force for this initiative with the clarity of focus on rights that are non-derogable and, thus, most likely to prevent rights violations from occurring and providing redress.

Below is a list of known reprimands as of 23 June 2020, though not all involve calls for protections and enforcement of non-derograble rights. Together, however, they represent a broad consensus of a need for national legal orders to take action.  They are organised here by region and country, followed by a summary list by Convention.

REPRIMANDS BY WORLD REGION

EUROPE

AUSTRIA

Convention Against Torture: Concluding observations on the sixth periodic report of Austria, CAT/C/AUT/CO/6 (2016), §§ 42-43.

Convention on the Rights of the Child: Concluding observations on the combined fifth and sixth periodic report of Austria, CRC/C/AUT/CO/5-6 (2020),  § 27.

BELGIUM

Convention on the Rights of the Child: Concluding observations on the combined fifth and sixth periodic reports of Belgium, CRC/C/BEL/CO/5-6 (2019), §§ 25-26.

International Covenant on Civil and Political Rights: Concluding observations on the sixth periodic report of Belgium, CCPR/C/BEL/CO/6 (2019), §§ 3(m) and 21-22.

Committee on Economic, Social and Cultural Rights: Concluding observations on the fifth periodic report of Belgium, E/C.12/BEL/CO/5 (2020), §§ 54-55.

       BOSNIA & HERZNEGOVINA

              Convention on the Rights of the Child: Concluding observations on the combined

              fifth and sixth periodic reports of Belgium, CRC/C/BEL/CO/5-6 (2019), §§ 25-26.

       CROATIA

            Convention on the Rights of the Child: Concluding observations on the fifth                periodic report of Denmark, CRC/C/DNK/CO/5 (2017), §§ 12 & 24.

DENMARK

Convention against Torture: Concluding observations on the combined sixth and seventh periodic reports of Denmark, CAT/C/DNK/CO/6-7 (2016), §§ 42-43.

Convention on the Rights of the Child: Concluding observations on the fifth periodic report of Denmark, CRC/C/DNK/CO/5 (2017), §§ 12 & 24.

Committee on Economic, Social and Cultural Rights: Concluding observations on the sixth periodic report of Denmark, E/C.12/DNK/CO/6 (2019), §§ 64-65.

FRANCE

Convention on the Rights of the Child: Concluding observations on the combined fifth periodic reports of France, CRC/C/FRA/CO/5 (2016), §§47-48.

Convention against Torture: Concluding observations on the seventh periodic report of France, CAT/C/FRA/CO/7 (2016), §§ 34-35.

Convention on the Elimination of All Forms of Discrimination against Women: Concluding observations on the combined seventh and eighth periodic reports of France, CEDAW/C/FRA/CO/7-8 (2016), §§ 18-19.

GERMANY

Convention Against Torture: Concluding observations of the Committee against Torture, CAT/C/DEU/CO/5 (2011), § 20.

Convention on the Rights of Persons with Disabilities: Concluding observations on the initial report of Germany, CRPD/C/DEU/CO/1 (2015) § 38

Convention on the Elimination of All Forms of Discrimination against Women: Concluding observations on the combined seventh and eighth periodic reports of Germany, CEDAW/C/DEU/CO/7-8 (2017), §§ 23-24

Committee on Economic, Social and Cultural Rights: Concluding observations on the sixth periodic report of Germany, E/C.12/DEU/CO/6 (2018), §§ 24-25.

IRELAND

Convention on the Rights of the Child: Concluding observations on the combined third and fourth periodic reports of Ireland, (2016) CRC/C/IRL/CO/3-4,§§39-40;

Convention on the Elimination of All Forms of Discrimination against Women: Concluding observations on the combined sixth and seventh periodic reports of Ireland, CEDAW/C/IRL/CO/6-7 (2017), §§ 24-25.

ITALY

Convention on the Rights of Persons with Disabilities: Concluding observations on the initial report of Italy, CRPD/C/ITA/CO/1 (2016), § 45-46.

Committee on the Rights of the Child: Concluding observations on the combined fifth and sixth periodic reports of Italy, CRC/C/ITA/CO/5-6 (2019), §§14-23.

LIECHTENSTEIN

Convention on the Elimination of All Forms of Discrimination against WomenConcluding observations on the fifth periodic report of Liechtenstein, CEDAW/C/LIE/CO/5 (2018), §§ 35-36.

 LUXEMBOURG

Convention on the Elimination of All Forms of Discrimination against Women: Concluding observations on the combined sixth and seventh periodic reports of Luxembourg, CEDAW/C/LUX/CO/6-7 (2018), §§ 27-28.

MALTA

Committee on the Rights of the Child: Concluding observations on the combined third to sixth periodic reports of Malta, CRC/C/MLT/CO/3-6 (2019),        §§ 28-29.

THE NETHERLANDS

Convention on the Elimination of All Forms of Discrimination against Women: Concluding observations on the sixth periodic report of the Netherlands, CEDAW/C/NLD/CO/6 (2016), §§ 21-22.

International Covenant on Economic, Social, and Cultural Rights: Concluding observations on the sixth periodic report of the Netherlands, E/C.12/NLD/CO/6 (2017), §§ 48-49.

Committee against Torture: Concluding observations on the seventh periodic report of the Netherlands, CAT/C/NLD/CO/7 (2019) §§ 52-53.

PORTUGAL

Convention on the Rights of the Child: Concluding observations on the combined fifth and sixth periodic reports of Portugal, CRC/C/PRT/CO/5-6 (2019). §§ 16 & 28.

 SPAIN

Convention on the Rights of the Child: Concluding observations on the combined fifth and sixth periodic reports of Spain, CRC/C/ESP/CO/5-6 (2018) § 24.

SWITZERLAND

Convention on the Rights of the Child: Concluding observations on the combined second to fourth periodic reports of Switzerland, CRC/C/CHE/CO/2-4 (2015), §§42-43;

Convention against Torture: Concluding observations on the seventh periodic report of Switzerland, CAT/C/CHE/CO/7 (2015), §20

Convention on the Elimination of All Forms of Discrimination against Women: Concluding observations on the combined fourth and fifth periodic reports of Switzerland, CEDAW/C/CHE/CO/4-5 (2016), §§ 24-25.

International Covenant on Civil and Political Rights: Observations finales concernant le quatrième rapport périodique de la Suisse CCPR/C/CHE/CO/4 (2017), §§ 24-25.

UNITED KINGDOM

Convention on the Rights of the Child: Concluding observations on the fifth periodic report of theUnited Kingdom of Great Britain and Northern Ireland, CRC/C/GBR/CO/5 (2016) §§ 21-22, 46-49.

Convention on the Rights of Persons with Disabilities:  Concluding observations on the initial report of the United Kingdom of Great Britain and Northern Ireland, CRPD/C/GBR/CO/1 (2017), §§ 40-41.

Convention against Torture: Concluding observations on the sixth periodic report of the United Kingdom of Great Britain and Northern Ireland, CAT/C/GBR/CO/6 (2019), §§ 64-65.

AFRICA

MOROCCO

Convention on the Rights of Persons with Disabilities:  Concluding observations on the initial report of Morocco, CRPD/C/MAR/CO/1 (2017)  §§ 36-37

SOUTH AFRICA

Convention on the Rights of the Child: Concluding observations on the second periodic report of South Africa, CRC/C/ZAF/CO/2 (2016), §§ 39-40

  

THE AMERICAS

ARGENTINA

Convention on the Rights of the Child: Concluding observations on the combined fifth and sixth periodic reports of Argentina, CRC/C/ARG/CO/5-6 (2018), §§ 14 & 16.

CHILE

Convention on the Rights of the Child: Concluding observations on the combined fourth and fifth periodic reports of Chile, CRC/C/CHL/CO/4-5 (2015), §§ 24-35, 34-35 & 49.

Convention on the Rights of Persons with Disabilities: Concluding observations on the initial report of Chile, CRPD/C/CHL/CO/1 (2016), §§ 41-42.

Convention on the Elimination of All Forms of Discrimination against Women: Concluding observations on the seventh periodic report of Chile, CEDAW/C/CHL/CO/7 (2018), §§ 22-23.

MEXICO

Convention on the Elimination of All Forms of Discrimination against Women: Concluding observations on the ninth periodic report of Mexico, CEDAW/C/MEX/CO/9 (2018), §§ 21-22.

URUGUAY

Convention on the Rights of Persons with Disabilities: Concluding observations on the initial report of Uruguay, CRPD/C/URY/CO/1 (2016), §§43-44.

ASIA

CHINA-HONG KONG

Committee Against Torture: Concluding observations on the fifth periodic report of China, with Respect to Hong Kong, CAT/C/AUT/CHN-HKG/5 (2016), §§ 28-29.

INDIA

Committee on the Rights of Persons with DisabilitiesConcluding observations on the initial report of India, CRPD/C/IND/CO/1 (2019), §§ 11-12, 21-22, 36-37 & 49-50-

NEPAL

Convention on the Rights of the Child: Concluding observations on the combined third to fifth periodic reports of Nepal, CRC/C/NPL/CO/3-5 (2016) §§ 41-42.

AUSTRALIA AND NEW ZEALAND

AUSTRALIA

International Covenant on Civil and Political Rights: Concluding observations on the sixth periodic report of Australia, CCPR/C/AUS/CO/6 (2017), §§ 25-26.

International Covenant on Economic, Social, and Cultural Rights: Concluding observations on the fifth periodic report of Australia, E/C.12/AUS/CO/5 (2017), §§ 49-50.

Convention on the Elimination of All Forms of Discrimination against Women: Concluding observations on the eighth periodic report of Australia, CEDAW/C/AUS/CO/8 (2018), §§ 25-26.

Convention on the Rights of the Child: Concluding observations on the combined fifth and sixth periodic reports of Australia, CRC/C/AUS/CO/5-6 (2019) § 31.

Convention on the Rights of Persons with DisabilitiesConcluding observations on the combined second and third periodic reports of Australia, CRPD/C/AUS/CO/2-3 (2019), §§ 15-16, 33-34, 43-44.

NEW ZEALAND

Convention on the Rights of the Child: Concluding observations on the fifth periodic report of New Zealand, CRC/C/NZL/CO/5 (2016), §§ 15 & 25.

Convention on the Elimination of All Forms of Discrimination against Women: Concluding observations on the eighth periodic report of New Zealand, CEDAW/C/NZL/CO/8 (2018), §§ 23-24.

      REPRIMANDS BY CONVENTION AND DATE OF FIRST REPRIMAND

CONVENTION AGAINST TORTURE

 2011

Germany: CAT/C/DEU/CO/5 (2011), § 20.

2015

Switzerland: CAT/C/CHE/CO/7 (2015), §20

2016

Austria: CAT/C/AUT/CO/6 (2016), §§ 44-45.

China-Hong Kong: CAT/C/AUT/CHN-HKG/5 (2016), §§ 28-29.

Denmark: CAT/C/DNK/CO/6-7 (2016), §§ 42-43.

France: CAT/C/FRA/CO/7 (2016), §§ 34-35.

2018:

Netherlands: CAT/C/NLD/CO/7, §§ 52-53.

2019:

United Kingdom: CAT/C/GBR/CO/6 (2019), §§ 64-65.

CONVENTION ON THE RIGHTS OF THE CHILD

2015

Switzerland: CRC/C/CHE/CO/2-4 (4 February 2015), §§42-43.

Chile: CRC/C/CHL/CO/4-5 (2015), §§ 24-35, 34-35 & 49.

2016

Ireland: CRC/C/IRL/CO/3-4 (2016),§§39-40;

France: CRC/C/FRA/CO/5 (2016), §§47-48.

Nepal: CRC/C/NPL/CO/3-5 (2016) §§ 41-42

New Zealand, Concluding observations on the fifth periodic report of New Zealand, CRC/C/NZL/CO/5 (2016), §§ 15 & 25.

South Africa, CRC/C/ZAF/CO/2 (2016), §§ 39-40

UK: CRC/C/GBR/CO/5 (2016) §§ 21-22, 46-49

2017

Denmark, CRC/C/DNK/CO/5 (2017), §§ 12 & 24.

2018

Spain: CRC/C/ESP/CO/5-6 (2018) § 24.

ArgentinaCRC/C/ARG/CO/5-6 (2018), §§ 14 & 16.

2019:

Belgium: CRC/C/BEL/CO/5-6 (2019), §§ 25-26.

Italy: CRPD/C/ITA/CO/1 (2016), § 45-46.

Malta: CRC/C/MLT/CO/3-6 (2019), §§ 28-29.

Portugal: CRC/C/PRT/CO/5-6 (2019). §§ 16 & 28.

Australia: CRC/C/AUS/CO/5-6 (2019) § 31

                         CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

2015:

Germany: CRPD/C/DEU/CO/1 (2015) § 38

2016:

Chile: CRPD/C/CHL/CO/1 (2016), §§ 41-42.

Italy: CRPD/C/ITA/CO/1 (2016), § 45-46.

Uruguay: CRPD/C/URY/CO/1 (2016), §§43-44.

2017:

Morocco:  CRPD/C/MAR/CO/1 (2017), §§ 36-37

United Kingdom: CRPD/C/GBR/CO/1 (2017), §§ 40-41.

2019:

India: CRPD/C/IND/CO/1 (2019), §§ 11-12, 21-22, 36-37 & 49-50.

Australia: CRPD/C/AUS/CO/2-3 (2019), §§ 15-16, 33-34, 43-44.

CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN

2016

France: CEDAW/C/FRA/CO/7-8 (2016), §§ 18-19

The Netherlands: CEDAW/C/NLD/CO/6 (2016), §§ 21-22.

Switzerland: CEDAW/C/CHE/CO/4-5 (2016), §§ 24-25

2017

Chile: CEDAW/C/CHL/CO/7 (2018), §§ 22-23.

Germany: CEDAW/C/DEU/CO/7-8 (2017), §§ 23-24.

Ireland: CEDAW/C/IRL/CO/6-7 (2017), §§ 24-25.

2018

Australia: CEDAW/C/AUS/CO/8 (2018), §§ 25-26.

Liechtenstein: CEDAW/C/LIE/CO/5 (2018), §§ 35-36.

Luxembourg: CEDAW/C/LUX/CO/6-7 (2018), §§ 27-28.

Mexico: CEDAW/C/MEX/CO/9 (2018), §§ 21-22.

New Zealand: CEDAW/C/NZL/CO/8 (2018), §§ 23-24.

INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS

2017

Australia: CCPR/C/AUS/CO/6 (2017), §§ 25-26

Switzerland: CCPR/C/CHE/CO/4 (2017), §§ 24-25.

INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS

 2017

 Australia: E/C.12/AUS/CO/5 (2017), §§ 49-50

 The Netherlands: E/C.12/NLD/CO/6 (2017), §§ 48-49

2019

 Denmark: E/C.12/DNK/CO/6 (2019), §§ 64-65

2020

 Belgium: E/C.12/BEL/CO/5 (2020), §§ 54-55

 

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