Committee on Economic, Social and Cultural Rights

Germany (CESCR 27-11-2018)

The Committee on Economic, Social and Cultural Rights considered the sixth periodic report of Germany (E/C.12/DEU/6) at its 31st and 32nd meetings (see E/C.12/2018/SR.31 and 32), held on 25 September 2018, and adopted the present concluding observations at its 58th meeting, held on 12 October 2018.

Concluding observations

C. Principal subjects of concern and recommendations

Intersex children and transgender persons

  1. The Committee welcomes the decision of the Federal Constitutional Court of 10 October 2017 concerning the third gender. The Committee is, however, concerned that gender confirmation surgery has continued to be performed on intersex infants and children since the adoption of the Law on Amendments to the Civil Status Act and is also concerned at the lifelong devastating consequences of such surgery on the mental, physical and psychological health and well-being of the children concerned. It is further concerned that gender laws (Transsexuellengesetz) in the State party pathologize transgender status (arts. 2 (2) and 12).
  2. The Committee recommends that the State party take necessary measures to prohibit medically unnecessary gender confirmation surgery on intersex infants and children and to provide an enabling environment in which intersex infants and children can develop and in which their preferred gender identity can be respected. It also recommends that the State party revise its gender laws in accordance with international human rights standards and best practice.

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