Protecting the rights of people with innate variations of sex characteristics (people with intersex traits/DSD) in medical settings

Mr Morgan Carpenter¹

¹Sydney Health Ethics, School Of Public Health, University Of Sydney

Evidence from jurisdictions around Australia shows that people with intersex variations undergo or risk medical interventions, including surgeries to “normalise” sex characteristics and hormonal interventions, from time of diagnosis. In 2021 the Australian Human Rights Commission reported on an inquiry finding significant human rights and ethical concerns with current and historical medical practices. The author (a member of the Commission’s expert reference group), and a US historian of medical ethics, have questioned the role of bioethics in sustaining such practices.

The Australian Human Rights Commission report of 2021 recommended legislative protections to ensure that medical treatment conforms to human rights norms, accompanied by independent oversight; resourcing for peer and family support; development of resources by community organisations; development of national guidelines and access to multidisciplinary care; and improved research practices. These recommendations substantively coincide with community demands expressed in a 2017 ‘Darlington Statement’. The Australian Medical Association and Public Health Association of Australia have also supported calls for recognition of the right of the affected population to bodily integrity, and the ACT government has published draft legislation to give effect to this demand.

This presentation will outline available evidence on current medical practices in Australia, and the human rights and legislative response, and it will draw attention to the implications for bioethics and health law practitioners from these developments.

Biography:

Morgan Carpenter is executive director of Intersex Human Rights Australia. He has been a contractor or consultant to the UN Office of the High Commissioner for Human Rights, WHO, Australian Institute of Health and Welfare, and ACT government, and advisory group member for the Australian Human Rights Commission, Australian Bureau of Statistics, and NSW Health.