Intersex human rights, sexual orientation, gender identity, sex characteristics and the Yogyakarta Principles plus 10

Abstract

The 2006 Yogyakarta Principles apply human rights law in relation to sexual orientation and gender identity. Created outside the UN system, their aim was to promote good practices in protecting the rights of LGBT and intersex people. They were ineffective in protecting the rights of intersex people, including due to an inappropriate framing around ‘sexual orientation’ and ‘gender identity’. In the same year, a group of clinicians published a ‘consensus statement’ reframing intersex traits as ‘disorders of sex development’, entrenching medical authority over intersex bodies. It was not until 2015 that the first country (Malta) sought to enact protections of rights to bodily integrity and physical autonomy and freedom from discrimination, associated with a new attribute of ‘sex characteristics’. In 2017, an update to the Yogyakarta Principles known as the Yogyakarta Principles plus 10 incorporated the new attribute and recognised rights to bodily integrity, truth and legal recognition. These principles have direct relevance to the human rights situation of intersex people. This paper addresses reasons why the earlier Yogyakarta Principles were ineffective and presents the goals of the update process, inviting adoption of a new attribute of sex characteristics and new principles relevant to intersex populations, advocates and policymakers.

Keywords:

• Intersex
• disorders of sex development
• Yogyakarta Principles
• Yogyakarta Principles plus 10
• human rights
• sexual orientation
• gender identity

Correction Statement

This article has been republished with minor changes. These changes do not impact the academic content of the article.

Acknowledgements

The author would like to acknowledge the support of fellow Yogyakarta Principles plus 10 drafting committee members and signatories, and special issue editors, as well as thoughtful reviews of draft versions of this paper by Daniela Crocetti, Peter Hegarty and anonymous reviewers.

Disclosure statement

No potential conflict of interest was reported by the author(s).

Notes

1 Personal communications with the ACT Chief and Health Minister.

2 International Service for Human Rights, https://www.ishr.ch

3 ARC International, https://arc-international.net