Intersex Human Rights Australia Explained

Intersex Human Rights Australia
Abbreviation:IHRA
Formation:2009
Type:NGO
Purpose:Intersex human rights, education and peer support
Region Served:Australia
Leader Title:Co-executive directors
Leader Name:Tony Briffa and Morgan Carpenter
Website:ihra.org.au

Intersex Human Rights Australia (IHRA) is a voluntary organisation for intersex people that promotes the human rights and bodily autonomy of intersex people in Australia, and provides education and information services. Established in 2009 and incorporated as a charitable company in 2010,[1] it was formerly known as Organisation Intersex International Australia, or OII Australia.[2] It is recognised as a Public Benevolent Institution.

History

The institution was founded in 2009 and established as a company in 2010. Founding president Gina Wilson stepped down on 1 September 2013.[3] [4]

The current co-executive directors of IHRA are Morgan Carpenter, previously president,[5] and Tony Briffa, known as the first publicly intersex mayor and previously vice-president.[6] [7] [8] [9] Tony Briffa is also the Vice-President of the Androgen Insensitivity Syndrome Support Group Australia.

Activities

Physical integrity and bodily autonomy

Intersex Human Rights Australia campaigns in favour of personal autonomy in medical interventions affecting intersex people, including an end to cosmetic or "normalising" surgeries on intersex infants.[10] [11] [12] [13] [14] [15] In late 2012, the Senate's Community Affairs References Committee established an inquiry into the involuntary or coerced sterilisation of people with disabilities. In February 2013, intersex was added as an additional term of reference.[16] The Committee published a joint, cross-party report on 25 October 2013, making 15 recommendations. The conclusions of the inquiry supported much of the case and recommendations made by IHRA:[17] [18]

In May 2019, IHRA published a multilingual joint statement signed by more than 50 intersex-led organizations condemning the introduction of "disorders of sex development" language into the International Classification of Diseases, stating that this causes "harm" and facilitates human rights violations, calling on the World Health Organization to publish clear policy to ensure that intersex medical interventions are "fully compatible with human rights norms".[19] [20] [21] [22]

The institution also engages directly with clinicians and biologists. While opposing use of terminology that it describes as pathologising, such as "Disorders of Sex Development",[23] Carpenter is nevertheless named as a reviewer for a "DSD Genetics" website funded by the National Health and Medical Research Council Australia.[24]

In a submission to the UN Committee Against Torture in 2016, the organisation submitted that Australian governments recognise the dignity and rights of LGBTI people, but at the same time, "harmful practices" on intersex children continue.[25]

In March 2017, representatives of IHRA participated in an Australian and Aotearoa/New Zealand consensus "Darlington Statement" by intersex community organisations and others. The statement calls for legal reform, including the criminalization of deferrable intersex medical interventions on children, an end to legal classification of sex, and improved access to peer support.[26] [27] [28] [29] [30]

Access to healthcare

In July 2013, the Commonwealth announced that it was removing sex or gender terms from item codes for Medicare procedures,[31] following input from IHRA.[32] IHRA noted that the changes do not ensure full access to the Pharmaceutical Benefits Scheme (PBS).[33]

Protection from discrimination

In late 2012, the Australian Governments' proposed Human Rights and Anti-Discrimination Bill included intersex as a "gender identity". This was criticised by IHRA on the basis that intersex people needed protection, but biological differences should not come within the definition.[34] Writing in the Equal Rights Trust journal Equal Rights Review, Gina Wilson wrote, "Legislators initially did not have a clear understanding of what intersex was, but having given evidence to Senate Committees and spoken with legislators individually we are hopeful that intersex will be a protected attribute under the Bill."[35] [36] [37] [38]

On 25 June 2013, the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act passed with cross-party support,[39] and became law on 1 August 2013. This was the first time "intersex status" had been a protected attribute under Australian discrimination legislation.[40] [41]

Identification documents

The organisation has stated that "while sex or gender markers are still required", it supports binary, non-binary and multiple gender classifications for adults, but only binary classifications for infants and children, fearing stigmatisation and the potential impact on sex assignment processes for infants.[42] [43] [44] [45] The organisation cautiously acknowledged an Australian Capital Territory Bill to modify the Territory's birth registrations process to create a third sex category for infants and children, stating, "neither of the two national intersex organisations had been engaged in talks before the bill was presented in the Assembly."[46] [47] In 2017, the organisation reported that no children had been assigned to such a category, viewing this as a vindication of the argument that such classifications exacerbate parental fears.[48]

In March 2017, an Australian and Aotearoa/New Zealand community statement called for an end to legal classification of sex, stating that legal third classifications, like binary classifications, were based on structural violence and failed to respect diversity and a "right to self-determination".

Marriage

Citing cases where marriages have been annulled,[49] [50] and where marriage prospects are stated as a rationale for early medical interventions, IHRA campaigned for marriage rights regardless of sex characteristics. The institution expressed concern at the marriage implications of constructions of intersex as a third sex. In 2017 the Marriage Amendment (Definition and Religious Freedoms) Bill 2017[51] specifically refers to '2 people' rather than 'same-sex' with respect to the definition of marriage.[52]

International work

Intersex Human Rights Australia is represented at numerous international events, including the "first United Nations Human Rights Council side event on intersex issues" in March 2014, alongside Mauro Cabral and representatives of Intersex UK and Zwischengeschlecht.[53]

Intersex Flag

The Intersex flag was created in July 2013 by Morgan Carpenter of Intersex Human Rights Australia (then known as Organisation Intersex International Australia) to be a flag "that is not derivative, but is yet firmly grounded in meaning". The circle is described as "unbroken and unornamented, symbolising wholeness and completeness, and our potentialities. We are still fighting for bodily autonomy and genital integrity, and this symbolises the right to be who and how we want to be."[54]

Awards and recognition

The organisation was nominated for a 2013 Community Organisation "Honour" Award[55] [56] for its work on anti-discrimination legislation. Founding former president Gina Wilson was a finalist for the Australian Human Rights Commission Community Individual Award in 2013, following her retirement, for her work on discrimination protections.[57] [58] [59]

Affiliations

Intersex Human Rights Australia is a national affiliate of Organisation Intersex International, a member of the National LGBTI Health Alliance and the International Lesbian, Gay, Bisexual, Trans and Intersex Association.

See also

Notes and References

  1. http://oii.org.au/information/about/ About OII Australia
  2. Web site: Carpenter. Morgan. We are now "Intersex Human Rights Australia". Intersex Human Rights Australia. March 31, 2018. March 4, 2018.
  3. http://www.starobserver.com.au/news/changes-at-oii-as-trailblazer-gina-wilson-retires/109176 Changes At OII As Trailblazer Gina Wilson Retires
  4. http://gaynewsnetwork.com.au/news/board-changes-at-oii-australia-gina-wilson-steps-down-11841.html Board changes at OII Australia: Gina Wilson steps down
  5. http://oii.org.au/information/board/ The OII Australia Board
  6. http://www.starobserver.com.au/news/briffa-to-march-in-mayoral-robes/67497 Briffa to march in mayoral robes
  7. http://www.advocate.com/news/daily-news/2011/12/09/intersex-mayor-elected-australia "Intersex Mayor Elected in Australia"
  8. http://www.heraldsun.com.au/news/worlds-first-intersex-mayor-cr-tony-briffa-does-not-want-to-be-called-he-or-she/story-e6frf7jo-1226621092313 "World's first intersex mayor, Cr Tony Briffa does not want to be called he or she"
  9. http://www.samesame.com.au/news/7737/Melbourne-elects-Australias-first-intersex-Mayor.htm "Melbourne elects Australia's first intersex Mayor"
  10. Web site: Statement on the Senate report 'Involuntary or coerced sterilisation of intersex people in Australia' . OII Australia . 29 October 2013.
  11. Web site: Call to end intersex genital operations . Andrew . Bock . . 20 June 2013.
  12. http://www.lgbtihealth.org.au/sites/default/files/LGBTIHealthUpdate-MAY2013.pdf LGBTI Health Update, Vol. 3, No. 4, May 2013
  13. http://oii.org.au/22160/intersex-health-hid2013-plenary/ Intersex health – Morgan Carpenter’s presentation to Health in Difference conference
  14. http://oii.org.au/22995/its-time-to-stop-cosmetic-genital-surgery-on-intersex-infants/ It’s time to stop cosmetic genital surgery on intersex infants
  15. http://gaynewsnetwork.com.au/news/senate-inquiry-reveals-forced-surgery-on-intersex-children-11467.html Senate Inquiry reveals forced surgery on intersex children
  16. http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Community_Affairs/Involuntary_Sterilisation/Sec_Report/c01 Involuntary or coerced sterilisation of intersex people in Australia, Chapter 1
  17. http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Community_Affairs/Involuntary_Sterilisation/Sec_Report/c03 Involuntary or coerced sterilisation of intersex people in Australia, Chapter 3
  18. http://www.abc.net.au/news/2013-11-15/carpenter-its-time-to-defend-intersex-rights/5093966 It's time to defend intersex rights
  19. News: Crittenton. Anya. World Health Organization condemned for classifying intersex as 'disorder'. Gay Star News. 2019-06-02. 2019-05-24. 20 February 2020. https://web.archive.org/web/20200220103216/https://www.gaystarnews.com/article/world-health-organization-condemned-classifying-intersex-disorder/. dead.
  20. News: Leighton-Dore. Samuel. World Health Organisation drops transgender from list of mental health disorders. SBS. 2019-06-02. 2019-05-28.
  21. News: Barr. Sabrina. Transgender no longer classified as 'mental disorder' by WHO. The Independent. 2019-06-02. 2019-05-28.
  22. News: Wills. Ella. Campaigners hail changes to WHO classification of trans health issues. Evening Standard. 2019-06-02. 2019-05-29.
  23. http://oii.org.au/23387/august-submission-senate-inquiry-sterilisation/ Concluding submission to the Senate Inquiry on involuntary or coerced sterilisation
  24. http://dsdgenetics.org/index.php?id=20 DSD Genetics
  25. Web site: Submission: list of issues for Australia's Convention Against Torture review . Organisation Intersex International Australia . 28 June 2016 . 4 September 2016 . 9 September 2017 . https://web.archive.org/web/20170909233430/https://oii.org.au/30546/loi-cat-review/ . dead .
  26. Alt URL
  27. Web site: Copland. Simon. Intersex people have called for action. It's time to listen.. Special Broadcasting Service. 2017-03-21. March 20, 2017.
  28. Web site: Jones. Jess. Intersex activists in Australia and New Zealand publish statement of priorities. Star Observer. 2017-03-21. March 10, 2017.
  29. Web site: Power. Shannon. Intersex advocates pull no punches in historic statement. Gay Star News. 2017-03-21. March 13, 2017. 22 March 2017. https://web.archive.org/web/20170322203838/http://www.gaystarnews.com/article/intersex-advocates-darlington-statement/. dead.
  30. Web site: Sainty. Lane. These Groups Want Unnecessary Surgery On Intersex Infants To Be Made A Crime. BuzzFeed Australia. 2017-03-21. March 13, 2017.
  31. http://www.smh.com.au/federal-politics/political-news/gender-discrimination-to-be-removed-from-medicare-20130724-2qi4m.html Gender discrimination to be removed from Medicare
  32. https://webarchive.nla.gov.au/awa/20130901235400/http://pandora.nla.gov.au/pan/141595/20130902-0954/www.health.gov.au/internet/ministers/publishing.nsf/Content/mr-yr13-tp-tp086.htm All Gender Discrimination to be Removed from Medicare
  33. http://oii.org.au/23049/medicare-sex-gender-neutral/ Medicare is now sex and gender neutral
  34. http://www.smh.com.au/national/proposed-law-leaves-intersex-vulnerable-20130120-2d18b.html Proposed law leaves intersex 'vulnerable'
  35. http://www.equalrightstrust.org/view-subdocument/index.htm?id=922 The Equal Rights Review, Volume Ten (2013)
  36. http://www.equalrightstrust.org/equalrightsreviewintro/index.htm The Equal Rights Review
  37. http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/Completed%20inquiries/2010-13/antidiscrimination2012/report/footnotes#c03f28 Senate Committee Report on the Exposure Draft of Human Rights and Anti-Discrimination Bill 2012, Chapter 3
  38. http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/Completed%20inquiries/2010-13/antidiscrimination2012/report/c07 Senate Committee Report on the Exposure Draft of Human Rights and Anti-Discrimination Bill 2012, Chapter 7
  39. http://oii.org.au/22713/sex-discrimination-amendment-intersex-status-act/ On the historic passing of the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013
  40. http://oii.org.au/22728/joint-press-release-sex-discrimination-amendment/ LGBTI groups welcome the passage of "historic" national discrimination laws
  41. http://www.comlaw.gov.au/Details/C2013A00098 Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Act 2013, No. 98, 2013. C2013A00098
  42. http://www.dw.de/third-sex-option-on-birth-certificates/a-17193869 Third sex option on birth certificates
  43. http://www.spiegel.de/international/europe/third-gender-option-in-germany-a-small-step-for-intersex-recognition-a-917650.html Third Gender: A Step Toward Ending Intersex Discrimination
  44. http://oii.org.au/24175/revised-policy-on-identification-documents/ Revised policy on identification documents
  45. https://web.archive.org/web/20140227205240/http://www.google.com/hostednews/afp/article/ALeqM5gSxTyQ8lWMy9por7A-KorL8oJheA?docId=CNG.6aedec13aac3d301f17ad4715b7f43f1.171 Australia embraces new gender guidelines
  46. http://www.canberratimes.com.au/act-news/act-government-bill-will-introduce-wider-gender-identification-20131128-2yejc.html ACT government bill will introduce wider gender identification
  47. http://www.starobserver.com.au/news/sport/news-sport/act-govt-proposes-third-option-for-birth-certificates/112755 ACT Govt proposes third option for birth certificates
  48. Carpenter. Morgan. Organisation Intersex International Australia. Shadow Report submission to the Human Rights Committee on the situation of intersex people in Australia. 28 August 2017.
  49. Book: Richardson, Ian D.. Preddon Lee Limited . God's Triangle. May 2012 . 9780957140103 .
  50. In the marriage of C and D (falsely called C) . FLC . 90-636 . 1979 .
  51. Web site: Marriage Amendment (Definition and Religious Freedoms) Bill 2017 . Senator Smith. The Senate: Parliament House Canberra. 15 November 2017. 27 November 2017.
  52. News: WTF Is Up With "Transgender Marriage" And The Same-Sex Marriage Debate? . Sainty, Lane. 29 August 2017. BuzzFeed. 27 November 2017.
  53. Web site: Intersex side event at the UN Human Rights Council . Organisation Intersex International Australia . 28 May 2014 . 2014-12-29 .
  54. http://ihra.org.au/22773/an-intersex-flag/ An intersex flag
  55. Web site: Honour Awards 2013 – Nominations. 7 December 2013. 12 December 2013. https://web.archive.org/web/20131212110358/http://www.honourawards.com.au/nominations/. dead.
  56. http://gaynewsnetwork.com.au/news/new-south-wales/the-2013-honour-awards-finalists-11829.html The 2013 Honour Awards finalists
  57. https://www.humanrights.gov.au/news/stories/commission-announces-shortlist-community-human-rights-awards Commission announces shortlist for community Human Rights awards
  58. http://www.starobserver.com.au/news/intersex-pioneer-nsw-gay-lobby-get-nods-for-human-rights-awards/112801 Intersex pioneer & NSW gay lobby get nods for Human Rights Awards
  59. http://hrawards.humanrights.gov.au/community-individual-award-tony-fitzgerald-memorial-award-sponsored-ihr-australia Community Individual Award – Tony Fitzgerald Memorial Award (sponsored by iHR Australia)

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