On 25 January 2021 the Special Rapporteur on the Right to Privacy, Joseph A. Cannataci, released the report: Artificial intelligence and privacy, and children’s privacy. Report of the Special Rapporteur on the right to privacy, Joseph A. Cannataci to the Human Rights Council, 25 January 20211, which addresses two separate challenges: firstly, artificial intelligence and privacy, then children’s privacy, particularly privacy’s role in supporting autonomy and positive participation in society2.
We thank Rapporteur Cannataci for considering OII Europe’s submission prior to the report, where we highlighted the most pressing areas and violations that impact on intersex children’s capacity for and enjoyment of their self-determination, autonomy and development of their personal identity3.
The report highlights many severe violations of intersex children’s human rights:
Sexuality, gender, bodily integrity and physical autonomy
98. The bodily integrity and autonomy rights of children, however, are infringed by the actions of Governments, commercial entities, health-care and other professionals, parents and peers. Infringements identified include:
(c) Children with diverse gender identities, sexual orientations and expression, and variations in sex characteristics being subjected to violence; discrimination and harassment; pathologization of their gender identity or body; unnecessary medical treatment; publication of details concerning genitalia; stigmatization; “instructive” rape; “conversion” therapies; withholding of specific health services, including trans health-care and reproductive sexual information and services; denial of access to medical records; criminal penalties for consensual peer sexual activity, including sexting; sexual abuse online and offline; and lack of legal gender recognition.
Recognition of identity
103. Birth certificates can pose challenges to attaining dignity, identity, privacy and development for transgender and intersex children, children born through international surrogacy arrangements, missing children, unaccompanied refugee children and children in out-of-home care, among others.
Join the dialog live!
You can join the dialogue with the Rapporteur on Friday 5 March at 3 pm (Geneva hour) live by connecting to the Extranet of the Human Rights Council at https://www.ohchr.org/EN/HRBodies/HRC/Pages/HRCRegistration.aspx where you can easily register your username and password and then click on “Extranet” in the first line. Once inside the system, you can click on “46th session” and then on “link to webcast” on the left side bar.
Intersex children experience severe breaches of their right to privacy
You can find our submission to the to the UN Special Rapporteur on the Right to Privacy here:
1 See document A/HRC/46/37 at https://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session46/Pages/ListReports.aspx
2 See summary, cited report, page 1.
3 See our submission on this website here Intersex children and the violation of their right to privacy – It is also available on the Rapporteur’s website at https://www.ohchr.org/EN/Issues/Privacy/SR/Pages/CFI_Privacy_and_Children.aspx