This is a blog is related to my academic work in the International Academic Forum on SOGIESC Law but meant to serve anyone who wants to contribute to improve the protection of human rights worldwide. It is intended to keep interested readers informed about legal developments relating to sexual orientation, gender expression and identity and sex characteristics (SOGIESC). Hopefully, it will make it easier to find correct legal information about the developments in all regions of the world and, in particular, with regard to international law.
Swiss voters had the final say on Sunday on a proposed law to make homophobia a criminal offence in the country. Opponents who forced the ballot look set to lose their challenge. Opinion polls published last week found that a two-thirds majority of respondents were in favour of the legal amendment, which will improve protection against discrimination based on sexual orientation. The reform, which will expand existing anti-racism regulations to include homophobia, was approved by parliament in 2018. But a small ultra-conservative religious group, the Federal Democratic Union, supported by the right-wing Swiss People’s Party, then collected enough signatures to force a nationwide ballot. Opponents argue that the law undermines the right to free speech, and that the LGBT community doesn’t need special legal protection. Current legislation is enough to prevent insults, slander and other forms of violence or ill-treatment, they say. ‘Political signal’ However, supporters – a …
Nepalese officials announced Thursday that there will be a third gender option in the next population census, marking the first time the LGBTQ+ community has been included in the population statistics as a minority group.
The Central Bureau of Statistics will publish the survey in 2021, which campaigners believe will grant better access to healthcare and education for the 29 million people who are LGBTQ+ in Nepal, which the data previously omitted them from these programs.
Despite previous controversy, the third option is a step towards more acceptance for the LGBTQ+ community in Nepal, following the landmark 2008 Supreme Court decision granting equal rights for all citizens regardless of sexual orientation.
However, there are no additional options to identify which sexual orientation the person identifies with; a decision which will be decided in March. The Head of the Mitini Nepal charity, Ms Sarita K.C. said: “There are plans for a more specific, detailed survey exclusively for LGBTI [people] … hopefully by 2022. It will give more accurate data.”
Even within the LGBTI community, intersex people continue to be overlooked, and that’s something we urgently need to change. Here are our top tips for getting on the right page and supporting the human rights of intersex people!
In a world where the overwhelming majority of people and governments only know and accept two sexes (‘male’ and ‘female’) the existence of intersex people and their bodies is barely recognised. Instead, healthy intersex bodies are considered to be a medical problem that needs to be fixed by surgical, hormonal, other medical and sometimes psychological means. Intersex people face human rights violations, including having their bodily integrity compromised as infants, when doctors decide to ‘fix’ them.
“I have to say that I exist, I have to say that I’m intersex and I have to do things in order for other intersex people and future generations not to have to go through what I’ve been through,” Audrey Agerter of InterAction Suisse told us in an inspiring Voices of ILGA-Europe interview.
Today, thanks to the brave and dedicated work of intersex activists like Audrey across Europe, the silence and lack of awareness that previously surrounded intersex issues have been replaced by increased interest from NGO allies and policy-makers, more media coverage and strong political statements.
When LGBTI activists find out about the life experiences of the intersex people in our community, often their first reaction is to ask: How can I become an intersex ally? What can I do?
There are some easy things that you can do that really help:
1. Talk about it!
Lack of knowledge is one of the key reasons for the human rights violations and the discrimination intersex people face. By spreading the word about the existence of intersex people and the human rights violations and discrimination they face, you work towards making society a safer and more welcoming space for intersex people. This includes making intersex people’s existence visible by mainstreaming intersex issues in all areas of life and politics. So, read up on the experience of intersex people and start some conversations!
2. Create a safe space for intersex people
It is very likely that you already have intersex people in your organisation, at your work place or even amongst your friends and family; therefore creating a safe space for them to come out is crucial. Those individuals might not feel safe enough to come out yet, but if they know they are in a space of acceptance, they just might share their identity with you. Let them know it’s okay by sharing your recognition of the issues intersex people face.
3. Integrate the ‘I’ into your work
Inform your colleagues and the members of your networks on intersex human rights issues. As a first step, you might consider asking intersex activists if they can provide training or advice for you. This will help you better understand intersex issues, the challenges intersex organisations face and how you can effectively work for the improvement of intersex people’s situation in your country.
4. Support intersex activists and NGOs
Being visibly intersex is still a very difficult task. Despite this fact, the number of intersex activists and organisations is growing but they all work with almost none or very limited funding. Becoming an intersex activist most often means having to forfeit the chance of having a regular income. Due to the lack of funding, you are expected to provide professional and highly specialised expertise for free. Helping intersex activists and NGOs financially to perform their task is key to ensuring they can share the unique expertise they have.
5. Help create new alliances
Work with intersex NGOs and help them to create new alliances. Intersex human rights organisations are the best contact point for getting up-to-date information on the human rights violations faced by intersex people. They have long-term experience in advocating for intersex human rights.
Photo: Leo Sonnenwiese, intersex activist at the ILGA-Europe 2019 conference in Prague. Credit: Catherine Shiflett. See the full gallery, here. Tags: intersexactivism
USA: California governor announces new pardon initiative for those prosecuted for being gay
California Governor Gavin Newsom on Wednesday announced that his office would be launching a new initiative to pardon people who have prosecuted in California for being gay.
Inspired by a call to posthumously pardon Bayard Rustin, a humanitarian and civil rights leader who was convicted of a misdemeanor vagrancy offense for consensual adult homosexual activity, Newsom launched a new clemency initiative.
Under the new initiative, the governor’s office will work to identify eligible candidates for pardon and process their applications in an expedited manner.
California repealed a law criminalizing consensual sex between same-sex adults in 1975 and established a process for individuals to be removed from the California Sex Offender Registry in 1997, but that did not change the convictions or constitute a pardon.
Human Rights Watch (HRW) released a report on Monday documenting how Tanzania’s health policies deny adequate services to lesbian, gay, bisexual and transgender (LGBT) people and other people who are at risk of contracting HIV. The report details the escalating attacks against LGBT individuals and how the anti-LGBT crackdown has disabled many of the community organizations that serve them.
The report further details many of the discriminatory health policies in place, including a “ban on distribution of lubricant and the prohibition on HIV and public health outreach and operation of drop-in centers by community-based organizations serving LGBT people and key populations.” The closure of drop-in centers has led to lower levels of HIV awareness and testing in communities that are at high risk of contracting HIV.
In addition to the inadequate health services, “police continue to conduct arbitrary arrests based on sexual orientation or gender identity. In some cases, police enlist health care providers to carry out forced anal examinations in attempts to find proof of homosexual conduct.”
HRW recommends that Tanzania end arrests based on sexual orientation, gender identity and gender expression, and to take a “rights-respecting, evidence-based approach to HIV prevention and treatment.”
Last Thursday the Belgian Gender Law (Law of 10 May 2007) was changed by the Parliament (this law offers protection against discrimination with regard to the so called ‘gender’ criteria).
According to the recent amendment the law will also protect against discrimination on the following grounds : breastfeeding, adoption, medically assisted reproduction … and sex-characteristics.
(transsexuality, gender identity and gender expression were already protected by the Gender Law).
This means that the Belgian Gender Law now offers explicit protection against discrimination for intersexual persons. The incorporation in the Gender Law is interesting since this law – contrary to the general antidiscrimination law – does not permit justification of direct discrimination.
USA: South Dakota House approves bill banning gender change treatment for children
The South Dakota House approved a bill Wednesday that would ban doctors from treating transgender children through the usage of certain gender affirming treatment.
Practicing physicians who engage in treatment for young patients, such as puberty blockers, gender confirmation surgery or hormone therapy, could be charged with a misdemeanor if the child were below the age of 16.
The bill, numbered HB 1057, would still allow for surgery on intersex children for “corrective” purposes: “Section 26-10-37 does not apply to the good faith medical decision of a parent or 6 guardian of a minor born with a medically-verifiable genetic disorder of sex development.” These “genetic disorders,” include “External biological sex characteristics that are ambiguous.”
In addition to HB 1057, the South Dakota Legislature has also approved Senate Bill 93, which would allow parents to refuse gender affirming treatments for their children.
International and Comparative SOGIESC Law - Professor Andreas R Ziegler 