| 1 |
E. Violence against children (arts. 19, 24 (3), 28 (2), 34, 37 (a) and 39) |
| 2 |
Harmful practices [art. 24 (3)] |
| 3 |
27. With reference to joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child (2014) on harmful practices and recalling the concluding observations of the Committee against Torture (CAT/C/AUT/CO/6 para. 45) the Committee recommends that the State party: |
| 4 |
(a) Prohibit the performance of unnecessary medical or surgical treatment on inters*** children where those procedures may be safely deferred until children are able to provide their informed consent; |
| 5 |
(b) Gather data with a view to understanding the extent of these harmful practices so that children at risk can be more easily identified and their abuse prevented; |
| 6 |
“corrective surgeries” |
| 7 |
“medical examination and tests” |
| 8 |
“internationally acceptable [medical] guidelines” |
| 9 |
StopIGM.org (2) |
| 10 |
Inters*** Persons Society of Kenya (IPSK) |
| 11 |
Taskforce on Policy, Legal, Inst**utional and Administrative Reforms regarding the Inters*** Persons in Kenya |
| 12 |
Kenya National Commission on Human Rights (KNCHR) |
| 13 |
NGO submission to the Office of the High Commissioner for Human Rights (OHCHR) for a study on elimination of discrimination against women and girls in sport, pursuant to HRC Resolution 40/5, to be submitted to the UN Human Rights Council (HRC) for its 44th session >>> OHCHR call for submissions Above submission contains doc***ented evidence of IGM practices, including “feminising” sterilising procedures, “feminising” genital surgery and other non-consensual, harmful and unnecessary treatments imposed on inters*** women and girl athletes by sports bodies, sports officials and hired “medical experts” and IGM practicioners, as well as harmful gender and racial stereotypes reinforcing IGM and discrimination of inters*** women and girl athletes. |
| 14 |
“eradicate the practice” |
| 15 |
cruel, inhuman or degrading treatment, and involuntary medical or scientific experimentation |
| 16 |
arbitrary or unlawful interference with privacy |
| 17 |
child protection |
| 18 |
Children with variations of s*** characteristics (inters***) (arts. 7, 17 and 24) |
| 19 |
10. Please provide information on measures taken to limit or prohibit medically unnecessary and irreversible surgical interventions and other unnecessary medical treatment of newborns and inters*** children until they reach the age at which they can give their free, prior and informed consent. Please also provide information on measures taken to facilitate effective access to justice and redress, including rehabilitation, for those who have undergone such surgeries or other medical treatment without their consent. |
| 20 |
Child Rights Network Switzerland (2) |
| 21 |
Zwischengeschlecht.org/StopIGM.org (2) |
| 22 |
InterAction Suisse (2) |
| 23 |
D. Violence against children (arts. 19, 24 (3), 28 (2), 34, 37 (a) and 39) |
| 24 |
[...] (6) |
| 25 |
Harmful practices |
| 26 |
16. Please provide information on the measures taken to: |
| 27 |
(a) Prevent and address female genital mutilation; |
| 28 |
(b) Ensure that inters*** children are not subjected to unnecessary medical or surgical treatment and provide adequate counselling, support and access to effective remedies to the victims subjected to such treatment during childhood. Please provide information on whether unnecessary medical or surgical treatment for inters*** children is still covered by the disability insurance; |
| 29 |
(c) Support those in situations of child marriage, and in particular the support provided by the Federal Competence Centre for Forced Marriage to the reported 107 children married in 2017.• Switzerland will then have to answer these question in its State report, due in September 2020. |
| 30 |
B. General principles (arts. 2, 3, 6 and 12) |
| 31 |
Non-discrimination |
| 32 |
10. Please provide information on social integration initiatives to eliminate, in practice, discrimination against children in marginalized and disadvantaged situations, namely in accessing education, particularly for children with disabilities, children with a migrant background, refugee and asylum-seeking children, and children sans-papiers. Please provide information on the measures taken to eliminate discrimination against L*******, g***, bis***ual, transgender and inters*** children, including the adoption of the draft law resulting from the parliamentary initiative Reynard 13.407 "Fight against discrimination based on s***ual orientation" and the results of the report of the Federal Council in response to the proposal Naef 12.3543 "Report on the Right to Protection from Discrimination". |
| 33 |
Inters***.ch |
| 34 |
SI Selbsthilfe Inters***ualität |
| 35 |
“inters*** genital mutilation” |
| 36 |
– to be transmitted LIVE on webtv.un.org! |
| 37 |
to be transmitted LIVE (3) |
| 38 |
– to be transmitted LIVE on (2) |
| 39 |
webtv.un.org! (2) |
| 40 |
A. Purpose and general obligations (arts. 1-4) |
| 41 |
1. Please provide information on: |
| 42 |
(b) Mechanisms established and the human and financial resources available at the federal, cantonal and munic****l levels for meaningful consultation with persons with disabilities through their representative organizations, including persons with disabilities of diverse [...] s*** characteristics, regarding the design and monitoring of legislation and policies aimed at implementing the Convention; |
| 43 |
Freedom from torture or cruel, inhuman or degrading treatment or punishment (art. 15) |
| 44 |
12. Please provide information on: |
| 45 |
[…] (3) |
| 46 |
(e) Criminal and civil remedies available to persons with disabilities, including inters*** persons, who have undergone involuntary sterilisation or unnecessary and irreversible medical or surgical treatment, procedures to access medical records and whether remedies are subject to any statutes of limitations. |
| 47 |
Freedom from exploitation, violence and abuse (art. 16) |
| 48 |
13. Please provide information on: |
| 49 |
(e) Measures taken to promote the physical, cognitive and psychological recovery, rehabilitation and social reintegration for inters*** persons who have undergone involuntary procedures, including those who underwent irreversible surgical procedures as children with parental consent, and to ensure that such measures are covered by medical insurance. |
| 50 |
Protecting the integrity of the person (art. 17) |
| 51 |
14. Please provide information on: |
| 52 |
(b) Measures taken to ensure that no child is subjected to irreversible medical or surgical treatment during infancy or childhood (CRC/C/CHE/CO/2-4, para. 43(b)), (CAT/C/CHE/CO/7, para. 20(a)), (CEDAW/C/CHE/CO/4-5, para. 25(c)) (CCPR/C/CHE/CO/4, para. 25); and the number of irreversible surgical and other procedures that are performed on inters*** children disaggregated by age and geographic location. |
| 53 |
YAY!! |
| 54 |
Inters*** persons |
| 55 |
64. While noting that in January 2019 the Government Equalities Office launched a call for evidence to better understand the experiences of inters*** persons in the United Kingdom, the Committee remains concerned about reports of cases of unnecessary surgery and other medical treatment with lifelong consequences, including severe pain and suffering, to which inters*** children have been subjected. The Committee is further concerned about the lack of legal provisions providing redress and rehabilitation in such cases (arts. 14 and 16). |
| 56 |
65. The State party should ensure that: |
| 57 |
(a) The parents or guardians of inters*** children receive impartial counselling services and psychological and social support, including information on the possibility of deferring any decision on unnecessary treatment until they can be carried out with the full, free and informed consent of the person concerned; |
| 58 |
(b) Persons who have been subjected to such procedures without their consent and resulting in severe pain and suffering obtain redress, including the means for rehabilitation. |
| 59 |
“1.5 Collection of Data > Genital mutilation |
| 60 |
There is no systematic collection of data that would allow conclusions to be drawn about the extent and development of the various genital mutilationpractices in Switzerland (number of endangered and circ***cised girls/women and boys as well as inters***-children). [19] This data is indispensable for the promotion of prevention and awareness-raising measures. --> What is Switzerland doing to improve the national data situation and the monitoring of genital circ***cision? |
| 61 |
[19] UN Committee on the Elimination of Discrimination against Women (CEDAW) (2016): Concluding observations on the combined fourth and fifth periodic reports of Switzerland, 18th of November 2016, CEDAW/C/CHE/CO/4-5.” |
| 62 |
“4 Violence against Children > 4.5 Genital Mutilation > 4.5.3 Inters*** Genital Mutilation |
| 63 |
Contrary to recommendations by international human rights bodies [64], operations that are not medically indicated on children with variance of s*** development are still practised in Switzerland and paid for by the disability insurance (IV). These operations are serious and irreparable and often cause lifelong pain and suffering. There are no legislative or other measures to prevent children from these harmful practices, which are unnecessary from a medical point of view. [65] Children affected and their families still do not have access to adequate psychosocial care. The Federal Council considers the recommendations of the Swiss National Advisory Commission on Biomedical Ethics of November 2012 to have been implemented to a large extent [66]. The Federal Council does not intend to implement the CRC-recommendations on IGM, referring to a revision of the Civil Code, which shall make it easier to change civil register entries for gender. [67] To date, there is no reliable date available on interventions carried out in Swiss hospitals that are paid for by the IV. It is alarming that hospitals are sometimes destroying corresponding medical records. [68] |
| 64 |
How many interventions on inters***-children have been paid for by the IV since the publication of the Concluding Observations 2015 (disaggregated data by age at the time of the intervention, type of intervention, clinic)? |
| 65 |
What has Switzerland done specifically to implement the relevant CRC, CAT, CEDAW, CCPR recommendations? |
| 66 |
[64] CRC/C/CHE/CO/2-4, paras 42-43; 2015: CAT/C/CHE/CO/7, para 20; 2016: CEDAW/C/CHE/CO/4-5, paras 24–25, 38–39; 2017: CCPR/C/CHE/CO/4, paras 24-25. [65] A Pet**ion (15.2043) of the human rights group Zwischengeschlecht/Stop IGM, which called for a ban on Inters*** genital mutilation, failed in March 2017 in the Council of States and in June 2017 in the National Council. [66] Federal Council (2016): Media release - People with ambiguous s*** - Fostering sensitivity (Medienmitteilung – Menschen mit uneindeutigem Geschlecht – Sensibilität fördern). [67] Federal Council (2018): Measures to fill gaps in the implementation of the Convention on the Rights of the Child in Switzerland (Ma***nahmen zur Schliessung von Lücken bei der Umsetzung der Kinderrechtskonvention in der Schweiz). [68] How Zurich Children's Hospital handles the medical files Cf. Inquiry Cantonal Council of Zurich (328/2018): Shredding of files concerning operations on children with variations of s*** development in the Zurich Children's Hospital.UN Committee on the Elimination of Discrimination against Women (CEDAW) (2016): Concluding observations on the combined fourth and fifth periodic reports of Switzerland, 18th of November 2016, CEDAW/C/CHE/CO/4-5.” |
| 67 |
“equalise the penalties applicable to inters*** genital mutilation to the penalties applicable to female genital mutilation” |
| 68 |
"unnecessary", "forced surgery on inter-s*** children", "often involving removal or mutilation of, for example, the C****oris or gonads" |
| 69 |
Inters***uelle Menschen e.V. / XY-Frauen |
| 70 |
Humboldt Law Clinic |
| 71 |
"Undertake investigation of incidents of surgical and other medical treatment of inters*** people without effective consent and adopt legal provisions in order to provide redress to the victims of such treatment, including adequate compensation." |
| 72 |
“Please provide updated data on the number of complaints of incidents of medical treatment on inters*** persons without their effective consent and information on investigations, prosecutions, convictions and penalties in relation to such complaints. Please also provide updates on the legal means of redress provided to inters*** people who have been victims of non-consensual surgical and other medical treatment, including legal, medical and psychological aid, and adequate compensation.” |
| 73 |
“legal ban” |
| 74 |
“may const**ute bodily injury” |
| 75 |
“clarifying prohibition” |
| 76 |
“non-emergency” |
| 77 |
“obstacles in access to justice” |
| 78 |
“legislation” |
| 79 |
“legal provision” |
| 80 |
“end this practice” |
| 81 |
“state of the art” |
| 82 |
“serv[ing] the well-being of the patient” |
| 83 |
– to be transmitted LIVE on webtv.un.org! |
| 84 |
As an NHS surgeon says, “[...] we remain happy to undertake C****oral reduction surgery [...] Until such time as there is a change in the law, parents will continue to have the right to decide [...]” [5] (2) |
| 85 |
CRC [6] recognised IGM in the UK as a harmful practice in 2015, seconded by CRPD [7] [8] in 2017. However, to this day the Government fails to act. To this day, the UK denies these serious human rights violations, but tries to misrepresent IGM as a “health care” or “gender ident**y” issue instead. This misrepresentation is also evident in the State report. [9] (2) |
| 86 |
“harmful practices” (2) |
| 87 |
Discriminatory gender stereotypes and harmful practices (2) |
| 88 |
8. The report indicates that in 2015 the State party introduced a number of provisions to strengthen the Female Genital Mutilation Act in order to help break down barriers to prosecution (para. 183). Please provide information on the extent to which these changes to the law have facilitated the prosecution of female genital mutilation cases in the State party. What progress has been made following the introduction of a mandatory reporting duty, which requires regulated health-care and social-care professionals, as well as teachers, to report to the police all “known” cases of female genital mutilation in girls under the age of 18 years? Please provide information on the progress made to provide medical and psychosocial support to women and girls who are victims of female genital mutilation. Please provide data on the number of surgical and other procedures that have been undertaken on inters*** children under the age of 18 years in the State party. (2) |
| 89 |
Inters*** children (3) |
| 90 |
46. Issues faced by people who are living with variant s*** characteristics is an emerging policy area for Government. UK Government has announced its intention to publish a call for evidence on these issues. The evidence gathered from this exercise will inform the Government’s next steps in this area. UK Government is aware of some calls from the sector to ban the practice of medical interventions on minor’s s*** characteristics. (2) |
| 91 |
to be transmitted LIVE on webtv.un.org! |
| 92 |
[...] As our NGO report proves, today Inters*** Genital Mutilations are still practiced in Belgium, paid for by the public health system. And also inters*** children from Luxembourg are sent to Belgium for surgery. [...] What’s more, it is my understanding that the Ghent university hospital is actively recruiting foreign inters*** children from waiting lists of NHS clinics in the UK, including children from Malta. [...] |
| 93 |
8. [...] With respect to paragraphs 133 to 135 of the State party’s report, please provide information on the progress made in eliminating harmful practices such as female and inters*** genital mutilation and child marriage. |
| 94 |
• Study (federal, 2016) on terminology and care discourse concerning inters*** people in Belgium. Afterwards, a study on the living situation of these people (Flanders). |
| 95 |
• Support for the creation of a website for people born with atypical s***ual characteristics by Flanders. |
| 96 |
• Federal funding for the development of information kits for inters*** children and parents. |
| 97 |
• Subsidy to a***ociations fighting against genital mutilation of inters*** children, such as Genres pluriels. |
| 98 |
Enfants inters***es |
| 99 |
• Etude (fédérale, 2016) sur la terminologie et le discours de prise en charge concernant les personnes inters***es en Belgique. Ensuite, étude sur la situation de vie de ces personnes (Flandre). |
| 100 |
• Soutien à la création d’un site web concernant les personnes nées avec des caractéristiques s***uelles atypiques par la Flandre. |
| 101 |
• Financement fédéral de l’élaboration de trousses d’information adressées aux enfants inters***es et aux parents. |
| 102 |
• Subvention d’a***ociations luttant contre les mutilations génitales des enfants inters***es, telles Genres pluriels. |
| 103 |
"Rights of inters*** people" |
| 104 |
When CRC asked about harmful practices on inters*** children, Belgium replied it's "medical treatment" , NOT a human rights issue ... |
| 105 |
[...] from an interview with an Italian paediatric urologist conducted for a forthcoming study on inters*** human rights in Italy presented yesterday at a conference at the University of Bologna: |
| 106 |
“I carry out a large number of genitoplasty operations [that is partial C****oris amp****tion and vaginoplasty] when the children are no more than one year old...then before menarche we run a check in the operating room and if there is a v******l tightening we re-operate. This is so the girl feels alright, instead of waiting and saying ‘well if she starts being s***ually active then we’ll perform surgery...’” [1] [...] |
| 107 |
The persistence of IGM in Italian clinics is a matter of public record, as is the criticism of persons concerned and their organisations, also to Government bodies including the Ministry of Health and the Italian Senate. In addition, CRPD [4] has already considered IGM practices in Italy as a serious human rights violation. Nonetheless, the Italian Government still refuses to take any appropriate action to protect inters*** children. [...] |
| 108 |
17. Please provide, if available, updated statistical data disaggregated by age, s***, ethnic origin, national origin, geographic location and socioeconomic status, for the past three years, on: [...](e) Children who are born inters***;(f) The number of non-urgent, irreversible surgical and other procedures that have been undertaken on inters*** children before an age at which they are able to provide informed consent; |
| 109 |
Question 17 |
| 110 |
(e) [Data on inters*** births] |
| 111 |
105. No data is available in this area, as the Italian legislation does not allow for the registration of children at birth as inters*** |
| 112 |
(f) [Data on non-urgent, non-consensual prodecures on inters*** children] |
| 113 |
106. Data on this point is available in Annex I (Tab 17). |
| 114 |
"DSD" |
| 115 |
"urogenital surgical procedures" |
| 116 |
"Non-urgent hospital discharges for DSD with and without surgical procedures. Age 0-17" |
| 117 |
1418 |
| 118 |
1379 |
| 119 |
1252 |
| 120 |
"Non-urgent hospital discharges for DSD with surgical procedures. Age 0-17" |
| 121 |
12 |
| 122 |
13 |
| 123 |
3 |
| 124 |
"hospital discharges for DSD" |
| 125 |
"non-urgent [...] surgical procedures" |
| 126 |
"non-urgent [...] discharges for DSD" |
| 127 |
0.8% |
| 128 |
0.9% |
| 129 |
0.2% |
| 130 |
When CRC asked about harmful practices on inters*** children, Italy answered on trans legislation and 3rd gender in birth a***istance certificates ... |
| 131 |
birth a***istance certificates |
| 132 |
"take the necessary legislative, administrative and other measures" |
| 133 |
“21. With reference to the Committee's previous concluding observations (para. 35) on inters*** persons, please indicate: |
| 134 |
(a) The measures taken by the State party to ensure that no one is subjected during childhood to medical or surgical treatment aimed at a***igning a s*** and which are not of a medical emergency nature; |
| 135 |
(b) Measures taken to ensure that the persons concerned and their parents receive impartial counselling and free psychological support; |
| 136 |
(c) Measures to ensure that no medical treatment is provided without full, free and informed consent, and that these persons or their parents have not been informed of the various options, including the possibility of postponing any decision on unnecessary treatment until the person concerned is able to make a decision; |
| 137 |
(d) Investigations by the State party into cases of medical or surgical treatment of inters*** persons without their free and informed consent; and, where applicable, measures taken by the State party to provide redress to victims, including adequate compensation.” |
| 138 |
“21. Eu égard aux précédentes observations finales du Comité (par. 35) concernant les personnes inters***uées, veuillez indiquer : |
| 139 |
a) Les mesures prises par l’État partie pour faire en sorte que nul ne soit soumis durant l’enfance à des traitements médicaux ou chirurgicaux visant à lui attribuer un s***e et qui ne présentent aucun caractère d’urgence médicale ; |
| 140 |
b) Les mesures prises visant à s’a***urer que les personnes concernées ainsi que leurs parents bénéficient des services d’un conseil impartial et d’un accompagnement psychologique gratuit ; |
| 141 |
c) Les mesures visant à garantir qu’aucun traitement médical ne soit effectué sans qu’un consentement plein, libre et éclairé n’ait été obtenu, et sans que ces personnes ou leurs parents n’aient été informés des différentes options dont celle de reporter toute décision sur des traitements non nécessaires jusqu’à ce que la personne concernée soit capable de se prononcer ; |
| 142 |
d) Les enquêtes menées par l’Etat partie sur les cas de traitements médicaux ou chirurgicaux subis par des personnes inters***uées sans avoir donné leur consentement libre et éclairé; et le cas échéant, les mesures prises par l’Etat partie visant à accorder réparation aux victimes, notamment une indemnisation adéquate.” |
| 143 |
Stereotypes and harmful practices |
| 144 |
[...] 8. The State party indicates that it, in collaboration with civil society organizations, is implementing campaigns to address harmful practices, such as forced and child marriages and accusations of witchcraft (para. 27). [...] Please also provide information on [..] (d) measures taken to address the forced genital mutilation of and discrimination against inters*** persons, including reported cases of abuse, infanticide and forced marriage. |
| 145 |
“Harmful Practice and Violence against Inters*** Children and Adolescents in Nepal” |
Intersex.shadowreport.org
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