7 | Conclusions and Recommendations
Based on the findings in the report the Inter-American Commission on Human Rights issues the following recommendations to OAS Member States in order to protect and guarantee the rights of intersex persons, or those perceived as such, to a life free from violence in the countries of the Americas.
(The section General recommendations starts at page 266)
- Undertake efforts and allocate sufficient resources to systematically collect and analyze data on the prevalence and nature of violence and discrimination based on prejudice against LGBTI persons, or those perceived as such. Access to disaggregated data and statistics is an important tool for evaluating the effectiveness of measures to prevent, punish, and eradicate violence against LGBTI persons, and for formulating any needed policy changes. In collecting this data, States must take into account the following:
- Data collection efforts must be carried out in coordination with all branches of government, and, where applicable, with Offices of the Ombudsperson, Offices of Public Prosecution, and Public Defender’s Offices. Data collection systems must be capable of gathering information from a wide variety of sources including, but not limited to, police, forensic agencies, tribunals and courts, prosecution and public defender offices, all other relevant agencies of the justice system, ombudspersons’ offices, agencies providing assistance to victims, hospitals, schools, shelters, prison administration agencies, and other relevant governmental agencies and public institutions which may provide useful data on violence against lesbian, gay, bisexual, trans and intersex persons.
- States must collect data on human rights violations against intersex persons, including the prevalence of medical treatment of and surgeries performed on intersex persons, particularly surgical interventions aimed at altering the appearance of the genitals to make them more “female” or “male”. Data in this regard must include the review of medical protocols and practices in public and private hospitals.
- […] The characterization of the perpetrators must include, among other information, their relationship with the victim, if any. Other elements –such as the place where the violence took place- are also important to understanding violence based on prejudice.
- Design and implement policies and programs to eliminate stigmatization, stereotyping and discrimination against LGBTI persons, or those perceived as such. Adopt comprehensive measures to encourage respect for the rights of LGBTI persons and social acceptance of diversity in sexual orientations, gender identities and persons who view themselves outside of the man/woman binary or whose bodies do not coincide with the socially accepted standard for male and female bodies.
- Adopt measures to eradicate social stigma regarding intersex persons, which includes urgent measures to raise awareness, through policies and programs that sensitize the general public and the medical community, of human rights violations faced by intersex persons.
- National Human Rights Institutions (NHRIs) are urged to strengthen their work on the promotion and protection of the human rights of LGBTI persons, including specific measures to counteract prejudices and to eradicate practices that are based on stereotypes of LGBTI persons and which may legitimize or exacerbate violence against them. NHRIs are also urged to conduct outreach to intersex children and their families, to provide victim support services, facilitating contact with other intersex persons and with peer support groups.
- Make necessary amendments to law and public policy to prohibit medically unnecessary procedures on intersex persons, when such procedures are administered without the free informed consent of the person concerned.
- Undertake all necessary measures to ensure compliance with the obligation to adequately redress human rights violations and provide reparations to LGBTI persons and their relatives who are victims of human rights violations.
- Design and conduct educational campaigns, in coordination with ministries of education, in order to eliminate stereotypes, stigma, and invisibility surrounding intersex persons in school curricula. Ensure that education policies are specifically designed to modify harmful social and cultural patterns of conduct. The principles of equality and nondiscrimination, with a special focus on sexual, gender, and bodily diversity, should be key elements of such policies.
- Conduct awareness-raising and sensitization campaigns at the national level concerning the short-term and long-term effects of socalled “normalizing” interventions on intersex children
- Enact anti-discrimination legislation or amend existing legislation in order to prohibit all forms of discrimination, that include sexual orientation, gender identity and gender expression, sex characteristics or intersex status.
- Adopt laws and national regulations expressly prohibiting non-medically necessary surgery and related medical intervention for intersex children and intersex persons, when administered without their full and informed consent.
- Regarding intersex persons,
- Prohibit non-medically necessary interventions on intersex children without their full and informed consent. Non-medically necessary surgeries on intersex infants should be postponed until the concerned person is able to provide full, prior, and informed consent. A decision not to undergo medical procedures should be respected. Nonintervention should not hinder or delay registration of birth by relevant State authorities.
- Incorporate specific safeguards for intersex children into legal instruments and medical protocols to protect and ensure their right to informed consent, particularly in the context of non-necessary medical interventions and surgery.
- Adopt measures to ensure that professionals properly inform patients and their parents of the consequences of surgical and other medical interventions.
- Undertake training of medical personnel and members of the medical community in order to provide adequate treatment and support to intersex persons and their families. Support intersex persons and their families via interdisciplinary teams during all stages of development, from infancy through childhood and adolescence to adulthood.
- Ensure intersex persons have access to their medical records.
- Adopt measures to prevent medical photography and unnecessary genital exams for non-consensual research concerning intersex persons and infants.
- Ensure effective consultation with intersex activists, organizations, peer-support groups, and other intersex advocates, in the design and implementation of all state measures to prevent violence against intersex persons.
Specific recommendations: particular groups of LGBTI persons
Children and youth
- Prohibit non-medically necessary interventions on intersex children without their full and informehttps://intersexrights.org/wp-admin/post.php?post=7681&action=edit#d consent. Non-medically necessary surgeries on intersex infants should be postponed until the concerned person is able to provide full, prior, and informed consent. A decision not to undergo medical procedures should be respected. Non-intervention should not hinder or delay registration of birth by relevant State authorities.
- Create multidisciplinary groups to provide support and counseling to parents and relatives of intersex children and infants and to provide care and support to intersex persons from childhood into adolescence and adulthood. Ensure that intersex persons and activists are consulted.