Intersex rights in South Africa explained

Location Header:South Africa
Prohibit Harmful:No
Discrimination Protections:Yes
Mf Identification:Yes
Marriage:Yes

Intersex people in South Africa have some of the same rights as other people, but with significant gaps in protection from non-consensual cosmetic medical interventions and protection from discrimination. The country was the first to explicitly include intersex people in anti-discrimination law.

History

Early and prominent intersex activists include Sally Gross and Nthabiseng Mokoena. Gross, an anti-apartheid and intersex activist, was a founder of Intersex South Africa,[1] [2] [3] an autonomous intersex community organisation affiliated with Organisation Intersex International.[4]

In 2000, Gross helped to secure the first known mention of intersex in national law,[5] [6] with the inclusion of "intersex" within the definition of "sex" in the anti-discrimination law of the Republic of South Africa. Subsequently, she helped to draft legislation[5] [7] on the Alteration of Sex Descriptors, and the Promotion of Equality.

In December 2017, African intersex activists published a statement setting out local demands.

Physical integrity and bodily autonomy

In 2016, the African Commission on Human and Peoples' Rights joined other human rights institutions in condemning human rights violations on intersex people, including in medical settings. In 2016, the United Nations Committee on the Rights of the Child issued recommendations to guarantee bodily integrity and self-determination of intersex and other children, and ensure sanctions on perpetrators of harmful practices.[8] The South African government acknowledged that such practices occur in the country.[9] [10]

Protection from discrimination

See main article: Discrimination against intersex people. In South Africa, the Judicial Matters Amendment Act, 2005 (Act 22 of 2005) amended the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act 4 of 2000) to include intersex within its definition of sex.[11] Sex is one of the prohibited grounds under the act, which means that discrimination on the basis of sex is presumed to be unfair, and therefore prohibited, unless proven otherwise. The act provides that:

It is not known whether or not Caster Semenya has an intersex condition. However, the controversy surrounding her treatment and sex verification tests has made her a cause célèbre. Prominent South African civic leaders, commentators, politicians, and activists characterised the controversy as racist, as well as an affront to Semenya's privacy and human rights.[12] [13]

Identification documents

See main article: Legal recognition of intersex people. The Alteration of Sex Description and Sex Status Act, 2003 (Act 49 of 2003) allows intersex people to change the sex recorded on their official documents. An applicant must submit a medical report indicating that they are intersex as well as a report from a psychologist or social worker indicating that they have lived for at least two years in the corresponding gender role.[14] [15]

Marriage

All couples can marry in South Africa, regardless of their characteristics. On 1 December 2005, in the case of Minister of Home Affairs v Fourie, the Constitutional Court ruled that it was unconstitutional for the state to deny to same-sex couples the ability to marry, and gave Parliament one year in which to rectify the situation.[16] On 30 November 2006 the Civil Union Act came into force; despite its title it does provide for same-sex marriages.

Rights advocacy

In 2017, work commenced on a "Model Law on the rights of intersex persons in Africa". A first consultation meeting took place at the Centre for Human Rights at the University of Pretoria.

See also

Bibliography

Notes and References

  1. Web site: The struggle to be Sally . Gross . Sally . Sally Gross (South African activist) . . 23 February 2000 . live . https://web.archive.org/web/20110806095707/http://www.isna.org/pdf/gross3.pdf . 6 August 2011 .
  2. Web site: The journey from Selwyn to Sally . Gross . Sally . Sally Gross (South African activist) . . 21 February 2000 . live . https://web.archive.org/web/20160527232908/http://www.isna.org/pdf/gross1.pdf . 27 May 2016 .
  3. http://intersex.org.za/index.php/en In Loving Memory of Founder and Friend - Sally Gross
  4. http://oiiinternational.com/2930/remembering-sally-gross/ Remembering Sally Gross
  5. http://oii.org.au/15234/eighth-day-of-intersex/ Eighth Day of Intersex: Sally Gross
  6. http://www.ianz.org.nz/2014/02/in-memory-of-sally-gross-issa-intersex-society-of-south-africa "In memory of Sally Gross ISSA-Intersex Society of South Africa"
  7. http://www.intersex.org.za/index.php/en/about-us/staff-members/4-updated-feature-article-2009 Updated feature article (2009)
  8. Web site: Concluding observations on the second periodic report of South Africa . United Nations . Committee on the Rights of the Child . October 27, 2016 . live . https://web.archive.org/web/20170204170949/http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC%2FC%2FZAF%2FCO%2F2&Lang=En . February 4, 2017 .
  9. Web site: Iranti.org: South Africa and the rights of intersex children . . October 26, 2016 . live . https://web.archive.org/web/20161030142352/http://intersexday.org/en/iranti-en-crc-2016/ . October 30, 2016 .
  10. News: SA joins the global fight to stop unnecessary genital surgery on intersex babies . October 27, 2016 . Collison . Carl . . live . https://web.archive.org/web/20161030201825/http://mg.co.za/article/2016-10-27-00-sa-joins-the-global-fight-to-stop-unnecessary-genital-surgery-on-intersex-babies/ . October 30, 2016 .
  11. Web site: Judicial Matters Amendment Act, No. 22 of 2005, Republic of South Africa, Vol. 487, Cape Town . 11 January 2006 . live . https://web.archive.org/web/20150723035033/http://www.justice.gov.za/legislation/acts/2005-022.pdf . 23 July 2015 .
  12. Web site: Dixon. Robyn. Robyn Dixon (journalist). 26 August 2009. Caster Semenya, South African runner subjected to gender test, gets tumultuous welcome home. live. https://web.archive.org/web/20090828055820/http://www.latimes.com/news/nationworld/world/la-fg-africa-runner26-2009aug26,0,4216318.story. 28 August 2009. 29 August 2009. Los Angeles Times. Johannesburg.
  13. News: Gender row over Caster Semenya makes athlete into a South African cause celebre . . 23 August 2009 . 27 August 2009 . London . Patrick . Sawer . Sebastian . Berger . live . https://web.archive.org/web/20090826194828/http://www.telegraph.co.uk/news/worldnews/africaandindianocean/southafrica/6073980/Gender-row-over-Caster-Semenya-makes-athlete-into-a-South-African-cause-celebre.html . 26 August 2009 .
  14. http://www.gov.za/sites/www.gov.za/files/a49-03.pdf Alteration of Sex Description and Sex Status Act 49 of 2003
  15. Web site: Amendments in ID Books & Birth Certificates . . 2 February 2017 . live . https://web.archive.org/web/20170227023738/http://www.dha.gov.za/index.php/civic-services/amendments . 27 February 2017 .
  16. News: Parliament ordered to allow gay marriage . 1 December 2005 . . 10 July 2011 . live . https://web.archive.org/web/20121012032134/http://mg.co.za/article/2005-12-01-parliament-ordered-to-allow-gay-marriage . 12 October 2012 .

This article is licensed under the GNU Free Documentation License. It uses material from the Wikipedia article "Intersex rights in South Africa".

Except where otherwise indicated, Everything.Explained.Today is © Copyright 2009-2024, A B Cryer, All Rights Reserved. Cookie policy.