Sex characteristics (legal term)

{{main|Sexual characteristics}}

Physical sex characteristics include primary sex characteristics and secondary sex characteristics. A primary sexual characteristic, as narrowly defined, is any anatomical part of the body involved in sexual reproduction and constituting the reproductive system in a complex organism, especially the external sex organs; the external sex organs are also commonly referred to as the genitalia or genitals.{{cite dictionary|title=Sex organ (sɛks ˈɔːɡən)|dictionary=Collins English Dictionary|access-date=September 14, 2013|url=http://www.collinsdictionary.com/dictionary/english/sex-organ|url-status=live|archive-url=https://web.archive.org/web/20131029193350/http://www.collinsdictionary.com/dictionary/english/sex-organ|archive-date=October 29, 2013}}{{cite book|author=P. R. Ashalatha, G. Deepa|title=Textbook of Anatomy and Physiology for Nurses|publisher=JP Medical Ltd|pages=252–274|isbn=978-9350254233|year=2012|access-date=September 14, 2013|url=https://books.google.com/books?id=B87CMxNW5lgC&pg=PA252|url-status=live|archive-url=https://web.archive.org/web/20140101060625/http://books.google.com/books?id=B87CMxNW5lgC&pg=PA252&dq=&hl=en&sa=X&ei=wRk1UpK-J6mg2gWO34H4Ag&ved=0CFUQ6AEwBjge|archive-date=January 1, 2014}} Secondary sex characteristics are features that appear at sexual development / sexual maturity in any animal species (including humans), especially the sexually dimorphic phenotypic traits that distinguish the sexes of a species, but that, unlike the sex organs, are not directly part of the reproductive system.

[[File:Inclusion of sex characteristics in anti-discrimination law.svg|thumb|right|452px|

{{legend|#002255|Explicit protection on grounds of sex characteristics}}

{{legend|#0066FF|Explicit protection on grounds of intersex status}}

{{legend|#9FCFFF|Explicit protection on grounds of intersex within attribute of sex}}]]

Sex characteristics is a term used in law and in human rights frameworks. The term was first used in Malta in 2015, when the country enacted legal protections from discrimination and forced medical procedures on grounds of sex characteristics. The Gender Identity, Gender Expression and Sex Characteristics Act defined sex characteristics as:

{{quotation|"sex characteristics" refers to the chromosomal, gondal and anatomical features of a person, which include primary characteristics such as reproductive organs and genitalia and/or in chromosomal structures and hormones; and secondary characteristics such as muscle mass, hair distribution, breasts and/or structure.}}

In November 2017, the Yogyakarta Principles were expanded to include new principles and new attributes of sex characteristics and gender identity. The supplement noted that the new "explicit ground for protection from violations of human rights has evolved in international jurisprudence".[http://www.yogyakartaprinciples.org/principles-en/yp10/ Yogyakarta Principles plus 10] {{webarchive|url=https://web.archive.org/web/20171201043532/http://www.yogyakartaprinciples.org/principles-en/yp10/ |date=2017-12-01 }} Sex characteristics is defined as:

{{quotation|UNDERSTANDING 'sex characteristics' as each person's physical features relating to sex, including genitalia and other sexual and reproductive anatomy, chromosomes, hormones, and secondary physical features emerging from puberty.}}

In 2015, the Fundamental Rights Agency published a comparative legal analysis on protection against discrimination on grounds of sexual orientation, gender identity and sex characteristics in the EU.{{Cite conference| last = European Union Agency for Fundamental Rights| author-link = European Union Agency for Fundamental Rights| title = Protection against discrimination on grounds of sexual orientation, gender identity and sex characteristics in the EU – Comparative legal analysis – Update 2015| date = December 2015| url = http://fra.europa.eu/en/publication/2015/lgbti-comparative-legal-update-2015| url-status = live| archive-url = https://web.archive.org/web/20170903235722/http://fra.europa.eu/en/publication/2015/lgbti-comparative-legal-update-2015| archive-date = 2017-09-03}}

In 2016, the Asia Pacific Forum of National Human Rights Institutions (AFP) manual on Promoting and Protecting Human Rights in relation to Sexual Orientation, Gender Identity and Sex Characteristics.{{Cite book| publisher = Asia Pacific Forum of National Human Rights Institutions| isbn = 978-0-9942513-7-4| last = Asia Pacific Forum of National Human Rights Institutions| title = Promoting and Protecting Human Rights in relation to Sexual Orientation, Gender Identity and Sex Characteristics| date = June 2016| url = http://www.asiapacificforum.net/resources/manual-sogi-and-sex-charactersitics/| url-status = live| archive-url = https://web.archive.org/web/20170115144950/http://www.asiapacificforum.net/resources/manual-sogi-and-sex-charactersitics/| archive-date = 2017-01-15}} The document provides an analysis of human rights issues, including the rights to physical integrity, non-discrimination, effective remedies and redress, and recognition before the law.

The Maltese Act that introduced the term was widely welcomed internationally by civil society organizations as it offered protections to intersex people for the first time.{{cite web |url=http://transactivists.org/2015/04/08/making-depathologization-a-matter-of-law-a-comment-from-gate-on-the-maltese-act-on-gender-identity-gender-expression-and-sex-characteristics/ |title=Making depathologization a matter of law. A comment from GATE on the Maltese Act on Gender Identity, Gender Expression and Sex Characteristics |last1=Cabral |first1=Mauro |author-link=Mauro Cabral |date=April 8, 2015 |publisher=Global Action for Trans Equality |access-date=2015-07-03 |url-status=dead |archive-url=https://web.archive.org/web/20150704213308/http://transactivists.org/2015/04/08/making-depathologization-a-matter-of-law-a-comment-from-gate-on-the-maltese-act-on-gender-identity-gender-expression-and-sex-characteristics/ |archive-date=July 4, 2015 }}{{Cite news| last = Star Observer| author-link = Star Observer| title = Malta passes law outlawing forced surgical intervention on intersex minors| work = Star Observer| date = 2 April 2015| url = http://www.starobserver.com.au/news/international-news-news/malta-passes-law-outlawing-forced-surgical-intervention-on-intersex-minors/134800| url-status = live| archive-url = https://web.archive.org/web/20150814120842/http://www.starobserver.com.au/news/international-news-news/malta-passes-law-outlawing-forced-surgical-intervention-on-intersex-minors/134800| archive-date = 14 August 2015}}{{Cite web| last = OII Europe| title = OII-Europe applauds Malta's Gender Identity, Gender Expression and Sex Characteristics Act. This is a landmark case for intersex rights within European law reform| date = April 1, 2015| url = http://oiieurope.org/press-release-oii-europe-applauds-maltas-gender-identity-gender-expression-and-sex-characteristics-act/| access-date = 2015-07-03| url-status = live| archive-url = https://web.archive.org/web/20150522051313/http://oiieurope.org/press-release-oii-europe-applauds-maltas-gender-identity-gender-expression-and-sex-characteristics-act/| archive-date = May 22, 2015}}{{cite web |url=https://oii.org.au/28592/we-celebrate-maltese-protections-for-intersex-people/ |title=We celebrate Maltese protections for intersex people |last1=Carpenter |first1=Morgan |author-link=Morgan Carpenter |date=April 2, 2015 |publisher=Organisation Intersex International Australia |access-date=2015-07-03 |url-status=live |archive-url=https://web.archive.org/web/20150704224253/https://oii.org.au/28592/we-celebrate-maltese-protections-for-intersex-people/ |archive-date=July 4, 2015 }}{{Cite conference| last = Transgender Europe| author-link = Transgender Europe| title = Malta Adopts Ground-breaking Trans and Intersex Law – TGEU Press Release| date = April 1, 2015| url = http://tgeu.org/malta-adopts-ground-breaking-trans-intersex-law/| url-status = live| archive-url = https://web.archive.org/web/20161103161043/http://tgeu.org/malta-adopts-ground-breaking-trans-intersex-law/| archive-date = November 3, 2016}} The Act was later followed by a report by the Commissioner for Human Rights of the Council of Europe that recognized that sex characteristics are distinct from a person's sexual orientation and gender identity.

In a wide-ranging analysis on intersex human rights and health issues, the Council of Europe published an Issue Paper entitled Human rights and intersex people in May 2015. In the Issue Paper, the Council's Commissioner for Human Rights recommended that Member States of the Council of Europe protect intersex citizens on grounds of "sex characteristics", or otherwise protect intersex persons on grounds of sex or gender:{{Citation| last1 = Council of Europe| last2 = Commissioner for Human Rights| title = Human rights and intersex people, Issue Paper| date = April 2015| url = https://wcd.coe.int/ViewDoc.jsp?Ref=CommDH/IssuePaper(2015)1&Language=lanEnglish&Ver=original| url-status = live| archive-url = https://web.archive.org/web/20160106203349/https://wcd.coe.int/ViewDoc.jsp?Ref=CommDH%2FIssuePaper%282015%291&Language=lanEnglish&Ver=original| archive-date = 2016-01-06| author1-link = Council of Europe}}

{{quotation|National equal treatment and hate crime legislation should be reviewed to ensure that it protects intersex people. Sex characteristics should be included as a specific ground in equal treatment and hate crime legislation or, at least, the ground of sex/gender should be authoritatively interpreted to include sex characteristics as prohibited grounds of discrimination. (page 9)}}

In 2015, the United Nations published a fact sheet using the term sex characteristics to define intersex:

{{quotation|Intersex people are born with sex characteristics (including genitals, gonads and chromosome patterns) that do not fit typical binary notions of male or female bodies.{{Cite web | author = | publisher = United Nations Office of the High Commissioner for Human Rights | title = Free & Equal Campaign Fact Sheet: Intersex | date = 2015 | url = https://unfe.org/system/unfe-65-Intersex_Factsheet_ENGLISH.pdf | access-date = 28 March 2016 | url-status = live | archive-url = https://web.archive.org/web/20160304071043/https://unfe.org/system/unfe-65-Intersex_Factsheet_ENGLISH.pdf | archive-date = 4 March 2016 }}}}

This was followed by a public statement by UN and regional human rights experts in 2016 utilizing a similar definition.{{Citation | last1 = UN Committee against Torture | author1-link = United Nations Convention against Torture#Committee against Torture | last2 = UN Committee on the Rights of the Child | author2-link = Committee on the Rights of the Child | last3 = UN Committee on the Rights of People with Disabilities | author3-link = Committee on the Rights of Persons with Disabilities | last4 = UN Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment | last5 = Juan Méndez, Special Rapporteur on torture and other cruel, inhuman, or degrading treatment or punishment | author5-link = Juan E. Méndez | last6 = Dainius Pῡras, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | last7 = Dubravka Šimonoviæ, Special Rapporteur on violence against women, its causes and consequences | last8 = Marta Santos Pais, Special Representative of the UN Secretary-General on Violence against Children | last9 = African Commission on Human and Peoples' Rights | author9-link = African Commission on Human and Peoples' Rights | last10 = Council of Europe Commissioner for Human Rights | author10-link = Commissioner for Human Rights | last11 = Inter-American Commission on Human Rights | author11-link = Inter-American Commission on Human Rights | work = Office of the High Commissioner for Human Rights | title = Intersex Awareness Day – Wednesday 26 October. End violence and harmful medical practices on intersex children and adults, UN and regional experts urge | date = October 24, 2016 | url = http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20739&LangID=E | url-status = live | archive-url = https://web.archive.org/web/20161121185256/http://ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20739&LangID=E | archive-date = November 21, 2016 }} In September 2015, Zeid Ra'ad Zeid Al-Hussein, the United Nations High Commissioner for Human Rights, opened an Expert meeting on ending human rights violations against intersex persons stating:{{Citation| last = United Nations High Commissioner for Human Rights| title = Opening remarks by Zeid Ra'ad Al Hussein, United Nations High Commissioner for Human Rights at the Expert meeting on ending human rights violations against intersex persons| date = September 16, 2015| url = http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16431&LangID=E| url-status = live| archive-url = https://web.archive.org/web/20160630203534/http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16431&LangID=E| archive-date = June 30, 2016}}

{{quotation|All human beings are born equal in dignity and rights. Those foundational, bedrock principles of universality and equality mean that all of us, without exception, and regardless of our sex characteristics, are equally entitled to the protections of international human rights law.}}

In 2017, Amnesty International published a report condemning "non-emergency, invasive and irreversible medical treatment with harmful effects" on children born with variations of sex characteristics in Germany and Denmark. It found that surgeries take place with limited psychosocial support, based on gender stereotypes, but without firm evidence. Amnesty International reported that "there are no binding guidelines for the treatment of intersex children".{{Cite book| last = Amnesty International| title = First, Do No Harm| date = 2017| url = https://www.amnesty.org/en/documents/eur01/6086/2017/en/| url-status = live| archive-url = https://web.archive.org/web/20170517005403/https://www.amnesty.org/en/documents/eur01/6086/2017/en/| archive-date = 2017-05-17}}{{Cite web| last = Amnesty International| title = First, Do No Harm: ensuring the rights of children born intersex.| access-date = 2017-05-13| date = 2017| url = https://www.amnesty.org/en/latest/campaigns/2017/05/intersex-rights/| url-status = live| archive-url = https://web.archive.org/web/20170511113659/https://www.amnesty.org/en/latest/campaigns/2017/05/intersex-rights/| archive-date = 2017-05-11}}{{Cite web| last = Semple| first = Ross| title = Intersex children subject to 'invasive' surgery to 'normalise' their sex, reports Amnesty International| work = Attitude Magazine| access-date = 2017-05-13| date = May 10, 2017| url = http://attitude.co.uk/intersex-children-subject-to-invasive-surgery-to-normalise-their-sex-reports-amnesty-international/| url-status = live| archive-url = https://web.archive.org/web/20170513051737/http://attitude.co.uk/intersex-children-subject-to-invasive-surgery-to-normalise-their-sex-reports-amnesty-international/| archive-date = May 13, 2017}}{{Cite web | title = Amnesty denounces 'human rights violations' on intersex children | first = Elena | last = Cherubini | date = May 11, 2017 | access-date = 2017-05-11 | url = http://www.pinknews.co.uk/2017/05/11/amnesty-denounces-human-rights-violations-on-intersex-children/ | url-status = live | archive-url = https://web.archive.org/web/20170511162157/http://www.pinknews.co.uk/2017/05/11/amnesty-denounces-human-rights-violations-on-intersex-children/ | archive-date = May 11, 2017 }}

• Discrimination against intersex people
• Legal recognition of intersex people

{{Reflist|30em}}

{{Intersex|state=expanded}}

{{Human rights}}

{{Discrimination|state=collapsed}}

Category:Intersex rights

Category:Human rights by issue

Category:Discrimination

Category:Legal terminology