Jump to content

Intersex rights in South Africa

From Wikipedia, the free encyclopedia

Intersex rightsinSouth Africa
South Africa
Protection of physical integrity and bodily autonomyNo
Protection from discriminationYes
Changing M/F sex classificationsYes
MarriageYes
Intersextopics
Intersex flag
Human rightsandlegal issues
Medicineand biology
Society and culture
Historyand events
Rights by country
See also

Intersexpeople inSouth Africahave 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.

History

[edit]
Further information:Intersex in history

Early and prominent intersex activists includeSally GrossandNthabiseng Mokoena.Gross, an anti-apartheid and intersex activist, was a founder of Intersex South Africa,[1][2][3]an autonomous intersex community organisation affiliated withOrganisation Intersex International.[4]

In 2000, Gross helped to secure the first known mention of intersex in national law,[5][6]with the inclusion of "intersex" within the definition of "sex" in the anti-discrimination law of the Republic of South Africa.[7]Subsequently, she helped to draft legislation[5][8]on the Alteration of Sex Descriptors, and the Promotion of Equality.

In December 2017, African intersex activists published a statement setting out local demands.[9]

Physical integrity and bodily autonomy

[edit]
Legal prohibition of non-consensualmedical interventions
Regulatory suspension of non-consensual medical interventions
Further information:Intersex human rightsandIntersex medical interventions

In 2016, theAfrican Commission on Human and Peoples' Rightsjoined other human rights institutions in condemning human rights violations on intersex people, including in medical settings.[10]In 2016, the United NationsCommittee on the Rights of the Childissued recommendations to guarantee bodily integrity and self-determination of intersex and other children, and ensure sanctions on perpetrators of harmful practices.[11]The South African government acknowledged that such practices occur in the country.[12][13]

Protection from discrimination

[edit]
Explicit protection fromdiscriminationon grounds ofsex characteristics
Explicit protection on grounds of intersex status
Explicit protection on grounds of intersex within attribute of sex
Main article:Discrimination against intersex people

In South Africa, theJudicial Matters Amendment Act, 2005(Act 22 of 2005) amended thePromotion of Equality and Prevention of Unfair Discrimination Act, 2000(Act 4 of 2000) to include intersex within its definition of sex.[14]Sex is one of the prohibited grounds under the act, which means that discrimination on the basis of sex is presumed to be unfair, and therefore prohibited, unless proven otherwise. The act provides that:

'intersex' means a congenital sexual differentiation which is atypical, to whatever degree; 'sex' includes intersex;

— Act 4 of 2000, section 1, as amended[15]

It is not known whether or notCaster Semenyahas an intersex condition. However, the controversy surrounding her treatment andsex verification testshas made her acause célèbre.Prominent South African civic leaders, commentators, politicians, and activists characterised the controversy asracist,as well as an affront to Semenya's privacy and human rights.[16][17]

Identification documents

[edit]
Main article:Legal recognition of intersex people

TheAlteration of Sex Description and Sex Status Act, 2003(Act 49 of 2003) allows intersex people to change the sex recorded on their official documents. An applicant must submit a medical report indicating that they are intersex as well as a report from a psychologist or social worker indicating that they have lived for at least two years in the corresponding gender role.[18][19]

Marriage

[edit]

All couples can marry in South Africa, regardless of their characteristics. On 1 December 2005, in the case ofMinister of Home Affairs v Fourie,the Constitutional Court ruled that it was unconstitutional for the state to deny to same-sex couples the ability to marry, and gave Parliament one year in which to rectify the situation.[20]On 30 November 2006 theCivil Union Actcame into force; despite its title it does provide for same-sex marriages.

Rights advocacy

[edit]

In 2017, work commenced on a "Model Law on the rights of intersex persons in Africa". A first consultation meeting took place at the Centre for Human Rights at theUniversity of Pretoria.[21]

See also

[edit]

References

[edit]
  1. ^Gross, Sally(23 February 2000)."The struggle to be Sally"(PDF).The Witness.Archived(PDF)from the original on 6 August 2011.
  2. ^Gross, Sally(21 February 2000)."The journey from Selwyn to Sally"(PDF).The Witness.Archived(PDF)from the original on 27 May 2016.
  3. ^In Loving Memory of Founder and Friend - Sally GrossArchived2014-03-18 at theWayback Machine,intersex.org.za; accessed 27 July 2015.
  4. ^Remembering Sally GrossArchived2014-03-02 at theWayback Machine,Organisation Intersex International,21 February 2014
  5. ^abEighth Day of Intersex: Sally GrossArchived2014-03-18 at theWayback Machine,Organisation Intersex International Australia,2 November 2011
  6. ^"In memory of Sally Gross ISSA-Intersex Society of South Africa"Archived2014-03-18 at theWayback Machine,Intersex Trust Aotearoa New Zealand,17 February 2014.
  7. ^Mokoena, Nthabiseng(October 2015),"Remembering Sally, and the intersex movement in South Africa",Intersex Day,archivedfrom the original on 2016-10-09
  8. ^Updated feature article (2009)Archived2014-03-18 at theWayback Machine,intersex.org.za, 2009.
  9. ^African Intersex Movement (December 2017),Public Statement by the African Intersex Movement,retrieved2018-09-05
  10. ^UN Committee against Torture;UN Committee on the Rights of the Child;UN Committee on the Rights of People with Disabilities;UN Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment;Juan Méndez, Special Rapporteur on torture and other cruel, inhuman, or degrading treatment or punishment;Dainius Pῡras, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health; Dubravka Šimonoviæ, Special Rapporteur on violence against women, its causes and consequences; Marta Santos Pais, Special Representative of the UN Secretary-General on Violence against Children;African Commission on Human and Peoples' Rights;Council of Europe Commissioner for Human Rights;Inter-American Commission on Human Rights(October 24, 2016),"Intersex Awareness Day – Wednesday 26 October. End violence and harmful medical practices on intersex children and adults, UN and regional experts urge",Office of the High Commissioner for Human Rights,archivedfrom the original on November 21, 2016{{citation}}:CS1 maint: multiple names: authors list (link)
  11. ^United Nations; Committee on the Rights of the Child (October 27, 2016)."Concluding observations on the second periodic report of South Africa".Archivedfrom the original on February 4, 2017.
  12. ^"Iranti.org: South Africa and the rights of intersex children".Intersex Day.October 26, 2016.Archivedfrom the original on October 30, 2016.
  13. ^Collison, Carl (October 27, 2016)."SA joins the global fight to stop unnecessary genital surgery on intersex babies".Mail&Guardian.Archivedfrom the original on October 30, 2016.
  14. ^"Judicial Matters Amendment Act, No. 22 of 2005, Republic of South Africa, Vol. 487, Cape Town"(PDF).11 January 2006.Archived(PDF)from the original on 23 July 2015.
  15. ^"Promotion of Equality and Prevention of Unfair Discrimination Act No. 4 of 2000, as amended"(PDF).2000.Archived(PDF)from the original on 2013-02-28.
  16. ^Dixon, Robyn(26 August 2009)."Caster Semenya, South African runner subjected to gender test, gets tumultuous welcome home".Los Angeles Times.Johannesburg.Archivedfrom the original on 28 August 2009.Retrieved29 August2009.
  17. ^Sawer, Patrick; Berger, Sebastian (23 August 2009)."Gender row over Caster Semenya makes athlete into a South African cause celebre".The Daily Telegraph.London.Archivedfrom the original on 26 August 2009.Retrieved27 August2009.
  18. ^Alteration of Sex Description and Sex Status Act 49 of 2003Archived2017-02-02 at theWayback Machine,s. 2.
  19. ^"Amendments in ID Books & Birth Certificates".Department of Home Affairs.Archivedfrom the original on 27 February 2017.Retrieved2 February2017.
  20. ^"Parliament ordered to allow gay marriage".Mail & Guardian.1 December 2005.Archivedfrom the original on 12 October 2012.Retrieved10 July2011.
  21. ^University of Pretoria (April 26, 2017),Centre for Human Rights hosts first consultative meeting to discuss draft model law on the rights of intersex persons in Africa,archivedfrom the original on January 4, 2018

Bibliography

[edit]
Retrieved from "https://en.wikipedia.org/w/index.php?title=Intersex_rights_in_South_Africa&oldid=1123363423"