Ensuring Health and Bodily Integrity report, 2021
Learn how to protect the human rights and bodily integrity of intersex people in medical contexts, based on this 2021 inquiry into current practices.
Summary
Ensuring health and bodily integrity: towards a human rights approach for people born with variations in sex characteristics is about the Commission's work to protect the human rights of people born with variations in sex characteristics in the context of medical interventions.
In the report, we propose:
- better oversight and approval mechanisms
- requirements for ensuring informed decision making for parents and children
- a limitation of the circumstances in which an intervention may occur without the consent of the person affected
- stronger consequences when these requirements are not met.
Full report
Full report
Summary report
Summary report
Fact Sheet 1: Guide to recommendations
Fact Sheet 1: Guide to recommendations
Fact Sheet 2: Consent
Fact Sheet 2: Consent
Fact Sheet 3: Medical necessity
Fact Sheet 3: Medical necessity
Fact Sheet 4: Clinical practice
Fact Sheet 4: Clinical practice
Fact Sheet 5: Independent panels
Fact Sheet 5: Independent panels
Fact Sheet 6: Authorisation of medical interventions
Fact Sheet 6: Authorisation of medical interventions
Fact Sheet: Responsible reporting guidelines
Fact Sheet: Responsible reporting guidelines
About the project
The Commission conducted this project to consider how best to protect the human rights of people born with variations in sex characteristics, in the specific context of medical interventions with personal consent.
The aims of the project were to:
- identify key issues and obtain perspectives on current practice by consulting with various stakeholders, including individuals born with variations in sex characteristics, advocacy groups, medical professionals and representatives from federal, state and territory governments;
- evaluate the current approaches taken to medical interventions in Australia and other jurisdictions using a human rights-based framework; and
- develop recommendations for a nationally consistent human-rights based approach to decision-making about medical interventions.
For this work, the Commission used the term ‘people born with variations in sex characteristics’ to refer to people born with bodies that do not align with medical norms for female or male bodies. This can include variations in sex chromosomes, hormones, reproductive organs and/or sexual anatomy. ‘Intersex’ is another term used to describe this population.
Consultation Paper
The Consultation Paper considered:
- the human rights affected by medical interventions without personal consent
- different international approaches on this issue
- the current state of human rights law.
Access the full consultation paper.
About the consultation phase
As part of this project, the Commission consulted with people from all walks of life who are affected by this issue. Stakeholder consultation has allowed individuals born with variations in sex characteristics, parents and carers, and medical professionals the opportunity to contribute to the development of the final report.
The consultation phase of the project began in July 2018, with submissions closing on 30 September 2018.
Consultation included interviews and written submissions. The consultation component of this project has been reviewed and approved by an external, independent Human Research Ethics Committee (HREC) at the University of Sydney.
For further information about the project, please email sogii@humanrights.gov.au
Make a complaint
If you think you may have experienced discrimination because of an innate variation of sex characteristics, you can make an enquiry or complaint to the Commission.
Find out more about making a complaint
Complaints under the Sex Discrimination Act: Intersex Status
Resources and Further Learning
InterAction for Health and Human Rights is the leading national body by and for people with innate variations of sex characteristics. They work to promote the health, human rights, self-determination and bodily autonomy of intersex people in Australia by building community, evidence, capacity, and education and information resources, as well as education and service delivery through psychosocial support, peer support and advocacy programs.
Intersex Peer Support Australia is an intersex peer support, information and advocacy group for people born with variations in sex characteristics and their families.
InterLink provides mental health and wellbeing services to people with innate variations of sex characteristics and their family members located anywhere in Australia. This includes knowledgeable counsellors, with other people with similar experiences, with peer support, and affirmative services.
