Press Release – Launch of the Good Practice Map 2023
Today, on the 15th of May 2024, OII Europe celebrates the publication of its Good Practice Map 2023! The map highlights advancements achieved in 2023 towards the better protection of intersex human rights across Europe.
The 2023 Good Practice Map once again features the section “In the Making: IGM Bans”. This year, we feature news about the newly adopted IGM legislation in Spain: In February 2023, Spain became the sixth Council of Europe country to adopt an IGM ban within the law “For the real and effective equality of trans people and for the guarantee of the rights of LGBTI people”. Article 19 of the law prohibits non-consensual genital modification practices performed on intersex children under the age of 12. The Good Practice Map includes a short analysis of the protective elements as well as remaining gaps and inconsistencies.
In addition, the map presents good practice examples related to awareness raising, research, discrimination/legislation, training and political will.
“2023 saw Spain become the 5th EU country, and 6th CoE member state, to establish provisions to protect intersex peoples’ bodily autonomy and self-determination by adopting a ban on intersex genital mutilation performed on minors!”, says Dan Christian Ghattas, Executive Director of OII Europe. “The new law protects intersex minors below the age of 12 from non-vital, non-consensual medical interventions, except in cases where the intervention is required in order to protect the person’s health. The law also includes provisions to ensure that intersex minors between the ages of 12 and 16 can request to undergo an intervention, upon the provision of their informed consent. We congratulate Spain for taking this very important step and encourage the Spanish government to take all necessary action to ensure full implementation of the ban. The developments in the past years have shown that there is an increasing political will to end IGM and we hope that OII Europe’s list of IGM ban indicators, published in 2023 and linked in this year’s map, will support governments to take the remaining necessary steps.”
“Last year provided positive examples of how governments can listen to the voices of intersex communities at national level, to better understand and take concrete legislative action to protect their rights”, adds Kristian Ranđelović, Co-Chair of OII Europe. “In Greece, the Ministry of Education will implement provisions related to the prevention and treatment of violence and bullying, which are inclusive of the ground of sex characteristics, in the newly passed law, ‘We Live Together in Harmony – Breaking the silence’. In Spain, the Canary Island set up a Consultative Committee for Social Equality and Non Discrimination based on gender identity, gender expression and sex characteristics in the context of the 2021 regional LGBTI law. Caminar Intersex, an intersex-led organisation, will be part of the Committee, which is a significant example of local governments engaging and involving the local intersex community”.
“2023 saw an increase in research on a range of topics related to the specific challenges and needs of the intersex community”, says Magda Rakita, Co-Chair of OII Europe. “In France, the Collectif Intersexe Activiste/OII France, in collaboration with Réfri, conducted a survey on intersex health, which focused on very important, yet under-researched topics such as: socio-demographics; physical and mental health; medical experiences; conjugality & sexuality and discrimination & violence. In Greece, Intersex Greece published the first-ever intersex-led study on hate speech against intersex people in the country, an achievement which is to be celebrated despite the worrisome findings of the study.
“In Turkey and Austria training to a range of health professionals took place in 2023, with OII Europe member organisations Inter Solidarity and VIMÖ/OII Austria respectively hosting workshops”, says Kaisli Syrjänen, Treasurer of OII Europe. “Furthermore, we saw a steady increase in awareness raising activities. In Spain, the Municipality of La Laguna increased the visibility of intersex people through their Visible Spaces action, and in Turkey, a documentary entitled ‘Superhero Intersex’ carried an empowering message about the lives and work of Turkish intersex activists.”
“2023 was a big year in terms of witnessing a growing commitment from EU and Council of Europe decision makers to combating violence and discrimination against intersex people in the region”, concludes Tobias Humer, Secretary of OII Europe. “The good practice examples account for the increased awareness about and attention given to intersex issues by key decision makers and institutions, as well as for the impact of the dedication and determination of intersex activists and organisations. However, in the face of backlash and financial instability of intersex organisations, we hope to see steadier support from key political actors and institutions emerge over the next year. OII Europe encourages local governments and funders to increase their financial support to intersex organisations, so as to ensure that movement-building can continue far into the future and that the examples featured in this map can continue to multiply year by year”.
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Content of the Good Practice Map 2023
Training
In December 2023 in Turkey Inter Solidarity organised an Intersex Workshop in partnership with the Ankara Chamber of Medicine and the Turkish Medical Association. The workshop, attended by intersex activists, doctors, medical ethicists, mental health experts and medical students, outlined the needs, demands and problems faced by intersex persons. A roadmap for future collaboration was drawn up.
VIMÖ/OII Austria, together with a member of the Austrian midwife organisation, hosted three workshops in Vienna and Linz in Austria, to train midwives on intersex issues.
This Good Practice example highlights that:
- Training to medical professionals remains a key priority in order to protect intersex people from human rights violations.
- Intersex-led organisations have the expertise and the capacity to give training to a wide range of entities.
Turkey Workshop: https://interdayanisma.org/2023/12/02/ttb-organizes-intersex- workshop/
Austria Workshops: https://vimoe.at/2023/08/03/workshops_hebammen/
Awareness Raising
In the Canary Islands in Spain, the Municipality of La Laguna, together with Caminar Intersex and other LGBTI orga- nisations developed an awareness raising action, entitled Visible Spaces, in which a series of 12 benches in communal public spaces were painted with LGBTI-flags, including intersex flags.
A documentary, “Superhero Intersex”, featuring Turkish intersex activists, was pre-screened in Ankara, Turkey on November 8th. The documentary, which carries an empowering message, focuses on their lives and experiences.
This Good Practice example highlights that:
- Public spaces and different mediums can be used to effectively raise awareness about intersex people.
- The support of local municipalities is key to ensure space is created to centre intersex stories.
Spain Visible Spaces: https://bit.ly/43bREdS
Turkey About the film pre-screening: https://bit.ly/3wIncvE
Research
In France, the Collectif Intersexe Activiste/OII France, together with the intersex research network (Réfri), conducted a survey on intersex health in 2023, funded by the French inter-ministerial delegation DILCRAH. The survey was completed by 158 intersex respondents and focused on: socio-demographics; physical and mental health; medical experiences; conjugality & sexuality; discrimination and violence.
In May 2023, Intersex Greece published the findings of the first intersex-led study on hate speech against intersex people in Greece. The report includes data about incidents of hate speech and online hate speech against intersex people in Greece, as well as recommendations to tackle the issue. The report is available in Greek & English.
This Good Practice example highlights:
- The strong need to close knowledge gaps about key topics such as health and exposure to hate crime.
- That intersex organisations have the expertise to conduct relevant and meaningful research that reduces significant knowledge gaps.
France Survey: https://refri.hypotheses.org/829
Greece Findings: https://bit.ly/3v8zi0X
Political Will
In 2023, at the EU and Council of Europe level, we witnessed a growing commitment from decision makers to combat violence and discrimination against intersex people.
At EU-level:
- The proposal (July) to criminalise intersex genital mutilation as a harmful practice and a form of gender-based violence in the report adopted by the European Parliament on the proposal for a Directive on combating violence against women and domestic violence.
- The inclusion of the ground of sex characteristics in the definition of ‘victim’ in the provisional agreement reached by the European Parliament and the Council on two draft directives on minimum standards for equality bodies.
- The presentation of the first findings of the European Commission intersex study, during a panel on ‘Equal rights for intersex people’, at IDAHOT in Reykjavík (May).
- The declaration at the Spanish Presidency event in Madrid by EU Member State Ministers responsible for LGBTIQ policies to “promote equality and non-discrimination on the grounds of […] sex characteristics” and to “prevent and eradicate unnecessary practices of sex-normalising treatments and surgery of intersex minors”.
At Council of Europe level:
- In the framework of the Icelandic Presidency, the Council of Europe SOGI Unit, in cooperation with the Permanent Representation of Iceland to the Council of Europe, hosted the high-level conference ‘Advancing the Human Rights of intersex people’. The event brought together representatives from Council of Europe Member State governments, and included high level speakers like the Secretary General of the Council of Europe, the Prime Minister of Iceland, the Council of Europe Commissioner for Human Rights, the General Rapporteur on the rights of LGBTI people and the Chair of the Committee on Anti-Discrimination, Diversity and Inclusion. The event also launched the work on the future Committee of Ministers reccommendations on intersex.
- The ECRI General Policy Recommendation no.17 on preventing and combating intolerance and discrimination against LGBTI people includes a specific recommendation to Council of Europe Member States on intersex people.
Proposal: https://bit.ly/3Vf5I4i
Provisional Agreement: https://bit.ly/3TsJwCA
Panel: https://bit.ly/4a1zo96
Declaration: https://www.igualdad.gob.es/wp-content/uploads/DECLARACION_Fir- mada.pdf
Conference: https://bit.ly/3Tyqrz2
Policy Recommendation: https://bit.ly/4a993pF
Discrimination / Legislation
In March 2023, the Greek Law 5029, We live together in harmony Breaking the silence, set out regulations for the prevention and treatment of violence and bullying in schools. Sex characteristics are included in the foreseen actions by the Ministry of Education on bullying and discrimination in schools.
In July 2023, the Canary Islands in Spain, in the context of implementing the regional LGBTI law (2021) set up a Consultative Committee for Social Equality and Non-Discrimination based on gender identity, gender expression and sex characteristics.
This Good Practice example highlights that:
- Political will to ensure the protection of intersex people from discrimination is vital at both national and local level.
- “Sex characteristics” is increasingly mainstreamed as the appropriate protective ground across Europe.
Greece Law 5029: https://www.e-nomothesia.gr/kat-ekpaideuse/n-5029-2023.html
Spain LGBTI law: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2021-11382 second link: https://bit.ly/49KnJvD
IN THE MAKING: IGM Bans
In Austria, the proposed ban on non-consensual and medically unnecessary treatments performed on intersex children continued stalling. In June 2023, VIMÖ/OII Austria handed over a petition with over 7.000 signatures to the Austrian Minister for Justice and the Minister for Health.
In February 2023, Spain became the 6th CoE country to adopt an IGM ban within the law for the real and effective equality of trans people and for the guarantee of the rights of LGBTI people. Article 19 of the law prohibits non-consensual genital modification practices performed on intersex children under the age of 12, with the exception of cases where the intervention is required in order to protect the person’s health.
For intersex minors between the ages of 12 and 16, such practices are allowed at the request and upon the provision of informed consent of the minor according to his age and maturity.
The law is comprehensive and the ground of sex characteristics is explicitly included in provisions related to education, sport, culture, cyberbullying, victim support and international protection.
STRENGTHS OF THE LAW:
- Does not exclude any variations of sex characteristics from its scope of protection
- Violating the prohibition is classified as a “very serious offence”, and strong sanctions exist, including the loss of licence to practise and closure of the medical establishment for a maximum period of three years.
- The law includes a provision on ensuring the participation of minors in the decision-making process, as well as the provision of advice and support, including psychological, to intersex minors and their families.
- The law explicitly mentions that it aims to ensure that bodily examinations and bodily exposure without therapeutic scope will be avoided.
- The law explicitly mentions training about LGBTI people to healthcare professionals.
MISSING POINTS (SELECTION):
- The intersex-specific article does not include any indication of how the minor’s informed consent is assessed or clarity about how those procedures that are permitted due to “protecting the person’s health” are defined, thereby opening entry points for interventions that are performed for cosmetic reasons or to alleviate an alleged risk for the child’s physical or mental health.
- Claims for damages are subject to a three-year limitation period, which poses a significant challenge in guaranteeing the right to access to truth, justice and reparations.
- The language around penalties, which are dependent on assessing the “intent of the offender” could be used to legally justify IGM and can allow offenders to not be held accountable.
- No provisions on guaranteeing access to medical records.
- No provisions made to ensure that comprehensive information is provided to parents and intersex persons themselves.
- No mention of a specific mechanism to review medical guidelines & protocols.
- Obligation to register the sex of the child after one year following their birth, which carries the risk to prompt “clarification” of the child’s sex through surgical means.
The law covers key elements, however we encourage the Spanish government to address the missing points through implementation guidelines developed in collaboration with intersex-led civil society, the creation of a monitoring mechanism and/or through a future revision of the law.
Austria
Petition: https://bit.ly/3wKtLOp
Spain
IGM Ban Indicator Checklist
The indicators aim to give policy makers and law makers a useful tool when preparing legislation to prohibit intersex genital mutilation and to establish comprehensive legal protection of the right to bodily integrity and self-determination of intersex people. They were developed based on analyses of existing IGM laws and consultation with intersex civil society across Europe about the essential elements that constitute a ban.
