A/70/213
developmental disabilities should be abandoned as they are outdated and often
violate basic rights and freedoms.
Intersex children
84. “Intersex” refers mainly to physical aspects of the body and includes a wide
range of natural body variations that do not conform to prevailing notions of male
and female bodies. 54 Deeply rooted stereotypes around gender dichotomy and
medical norms about male and female bodies have led to the establishment of a
medical practice of routine interventions and surgeries on intersex people, including
irreversible genital surgery and sterilization. These interventions are not always
necessary on medical grounds and are often not performed with the informed
consent of the persons concerned. Moreover, medical classifications currently
codify intersex characteristics as pathologies or disorders. 55
85. These practices, if performed without due consideration for the best interests
and evolving capacities of young children, can have detrimental, long -lasting effects
on their health and well-being; violate their basic rights to physical integrity,
privacy and autonomy; and may amount to ill-treatment or even torture. 56 In
addition, the sex assigned at birth becomes a legal and social factor, often
permanent or difficult to change, that will determine the life and development of the
child and affect his/her right to develop a personal identity.
86. On the basis of international human right law and standards, 57 States should
prohibit unnecessary medical or surgical treatment during infancy or early
childhood in order to guarantee the bodily integrity, autonomy and sel fdetermination of the children concerned.
D.
Participation
87. International human rights law recognizes that individuals and groups have the
right to participate in decision-making processes that affect their rights.
88. States have a legally binding obligation to ensure the participation of rights
holders in priority-setting; legislative and policy development, implementation,
monitoring and evaluation; and accountability for the realization of the right to
health and the holistic development of the young child. All segments of the
population, including the most marginalized, must be empowered to participate
(A/HRC/27/31, paras. 28-30). States must create an enabling environment for
participation, for example by enhancing the knowledge and awareness of
stakeholders, including the parents of young children.
__________________
54
55
56
57
15-12535
OHCHR, Fact Sheet: “LGBT rights: frequently asked questions”, 2013.
Commissioner for Human Rights, Council of Europe, Issue Paper: “Hu man rights and intersex
people”, 2015.
Joint statement by a group of United Nations and international human rights experts on the
occasion of the International Day against Homophobia, Biphobia and Transp hobia,
“Discriminated and made vulnerable: young LGBT and intersex people need recognition and
protection of their rights”, 13 May 2015.
See, for example, documents CRC/C/CHE/CO/2-4, CAT/C/DEU/CO/5, E/C.12/DEU/CO/5,
CEDAW/C/CRI/CO/5-6, CRPD/C/DEU/CO/1, A/HRC/29/23, A/HRC/22/53 and A/64/272.
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