Intersex rights against medical intervention promised in Australian-first laws

New laws to prevent medical intervention being forced on intersex people have been introduced for the first time in Australia.

ACT Chief Minister Andrew Barr speaking

The ACT government has introduced an Australian-first bill to protect the medical rights of intersex people. Source: AAP / Dan Himbrechts

KEY POINTS:
  • The ACT government has introduced a bill to protect intersex people from unnecessary medical interventions.
  • The proposed legislation has been welcomed by intersex advocates.
  • Intersex Human Rights Australia is calling for other governments to adopt similar legislation.
Intersex rights against controversial medical intervention have been promised for the first time in Australia, with the ACT government introducing a bill on Wednesday to protect intersex people from unnecessary medical interventions without their consent.

The proposed legislation has been welcomed by intersex advocates who say it will allow intersex people to take charge of their lives.

One advocate, Steph Lum, said they are proud of the body they were born with.

"Our bodies don't need to be forcibly changed," they said.
The ACT bill is part of a significant reform with the state government investing $2.6 million over four years.

If passed, new services will support a decision-making framework for families of intersex children, an establishment of a specialist unit in the Canberra Hospital, and training packages for health professionals.

Intersex babies subject to irreversible surgeries

Intersex people are born with variations in sex characteristics where genitals or features like breasts or facial hair do not fit medical and social norms for female or male bodies.

Babies displaying intersex characteristics are often subject to irreversible surgeries for the purpose of making their appearances more typical.

Families are also told to put their children on hormone treatment to facilitate typical female or male development.

But those affected by medical intervention have reported numerous lifelong health issues like poor sexual function, according to an Australian Human Rights Commission report.
The report recommended back in 2021 that new legislation needed to be made to protect intersex children, given a baby cannot consent to surgery.

"It has long been recommended that governments take action on irreversible and non-urgent procedures to be deferred until the person is old enough to be able to decide for themselves what is done to their bodies," ACT Chief Minister Andrew Barr said on Wednesday.

Starting to heal

Malta, Portugal, Germany and Iceland are some of the handful of jurisdictions to have passed similar reforms.

Intersex Human Rights Australia is calling for other governments to adopt similar legislation to create safeguards for future intersex people.

"What I hope for with the legislation is stopping a dripping tap," training and communications officer Cody Smith said.

"If no intersex people are being harmed then we can really start to heal as a community and start to thrive without just having these tragic stories of trauma."

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3 min read
Published 22 March 2023 1:32pm
Source: AAP


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