Intersex rights and freedoms

Published in issue 9 of the UNSW Law Society journal “Court of Conscience”, 2015, this paper considers what it means to address the rights and freedoms of people born with intersex traits.

Court of Conscience, issue 9, 2015Published in the UNSW Law Society journal “Court of Conscience” issue 9, 2015, on “rights and freedoms”, this paper considers what it means to address the rights and freedoms of people born with intersex traits.

“Intersex status” is a new attribute in federal anti-discrimination law, introduced in 2013, but few institutions have yet responded to this development. Those few have typically focused on the same issues of honorifics, pronouns and toilets that they might address in tackling gender identity discrimination, while media reports frequently suggest that LGBTI people are all gay. So what does the law say, and what does it mean to address the rights and freedoms of people born with intersex traits?

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Morgan Carpenter (2015) “Intersex Rights and Freedoms”

Important correction

Earlier versions of this document (prior to 10 November 2015) included an incorrect citation 9, due to an editorial decision. It should read:

Anne Tamar-Mattis, “Medical Treatment of People with Intersex Conditions as Torture and Cruel, Inhuman, or Degrading Treatment or Punishment”, in Torture in Healthcare Settings: Reflections on the Special Rapporteur on Torture’s 2013 Thematic Report (Center for Human Rights & Humanitarian Law, 2014) <http://antitorture.org/torture-in-healthcare-publication/>

and not:

Micah Grzywnowicz, “Consent Signed with Invisible Ink: Sterilization of Trans* People and Legal Gender Recognition”, in Torture in Healthcare Settings: Reflections on the Special Rapporteur on Torture’s 2013 Thematic Report (Center for Human Rights & Humanitarian Law, 2014) <http://antitorture.org/torture-in-healthcare-publication/>

Acknowledgements

Thank you to the editors of this peer-reviewed student law journal, in particular Amila Perera and Katherine Lau, for the opportunity to discuss these issues.