Wikipedia

Legal recognition of intersex people

Not to be confused with Legal recognition of non-binary gender.

Intersex people are born with sex characteristics, such as chromosomes, gonads, or genitals that, according to the United Nations Office of the High Commissioner for Human Rights, "do not fit typical binary notions of male or female bodies".[1]

According to the Asia Pacific Forum of National Human Rights Institutions, few countries have provided for the legal recognition of intersex people. The Asia Pacific Forum states that the legal recognition of intersex people is firstly about access to the same rights as other men and women, when assigned male or female; secondly it is about access to administrative corrections to legal documents when an original sex assignment is not appropriate; and thirdly it is not about the creation of a third sex or gender classification for intersex people as a population but it is, instead, about self determination.[2]

The Asia Pacific Forum, the Council of Europe,[3] and the Malta declaration of the Third International Intersex Forum have called for non-binary gender classifications to be available on a voluntary, opt-in basis.[2] The Council of Europe has called for greater consideration of the implications of new sex classifications on intersex people,[3] while the Third International Intersex Forum called for the long term removal of sex or gender from official identification documents.[2]

In some countries, legal recognition may be limited, access to any form of birth certificate may be difficult,[4] while some other countries recognise that intersex people may have non-binary gender identities.[2] Sociological research in Australia, a country with a non-binary gender marker, has shown that 19% of people born with atypical sex characteristics may prefer that option.[5]

History

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Edward Coke, The First Part of the Institutes of the Lawes of England (1st ed, 1628, title page) - 20131124
Main article: Intersex in history

In European societies, Roman law, post-classical Canon law, and later Common law, referred to a person's sex as male, female or hermaphrodite, with legal rights as male or female depending on the characteristics that appeared most dominant. Under Roman law, a hermaphrodite had to be classed as either male or female.[6] The 12th-century Decretum Gratiani states that "Whether an hermaphrodite may witness a testament, depends on which sex prevails".[7][8][9] The foundation of common law, the 16th Century Institutes of the Lawes of England described how a hermaphrodite could inherit "either as male or female, according to that kind of sexe which doth prevaile."[10][11] Single cases have been described in Canon law and other legal cases over the centuries.

Intersex scholar Morgan Holmes states that much early anthropological material on non-European cultures described gender systems with more than two categories as "primitive", but also that subsequent analysis of third sexes and genders is simplistic or romanticized:[12]

much of the existing work on cultural systems that incorporate a 'third sex' portray simplistic visions in which societies with more than two sex/gender categories are cast as superior to those that divide the world into just two. I argue that to understand whether a system is more or less oppressive than another we have to understand how it treats its various members, not only its 'thirds'... recognition of third sexes and third genders is not equal to valuing the presence of those who were neither male nor female, and often hinges on the explicit devaluation of women[12]

In recent years, civil society organization and human rights institutions have raised issues relating to legal recognition.

Intersex rights

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Main article: Intersex human rights

Research indicates a growing consensus that diverse intersex bodies are normal—if relatively rare—forms of human biology,[13] and human rights institutions are placing increasing scrutiny on medical practices and issues of discrimination against intersex people. A 2013 first international pilot study. Human Rights between the Sexes, by Dan Christian Ghattas,[14][15] found that intersex people are discriminated against worldwide: "Intersex individuals are considered individuals with a «disorder» in all areas in which Western medicine prevails. They are more or less obviously treated as sick or «abnormal», depending on the respective society."[14]

In 2015, an Issue Paper on Human rights and intersex people by the Council of Europe highlighted several areas of concern, including legal recognition:

  • Equal right to life and prevention of medical treatments without informed consent including treatments considered unnecessary;
  • Removal of Intersex as a curable medical condition but one which can have medical treatments with informed consent;
  • Equal treatment under the law; including specific legal provisions similar to other classes covered;
  • Access to information, medical records, peer and other counselling and support;
  • Self-determination in gender recognition, through expeditious access to official documents.[3]
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According to the Asia Pacific Forum of National Human Rights Institutions, few countries have provided for the legal recognition of intersex people. The Asia Pacific Forum states that the legal recognition of intersex people is firstly about access to the same rights as other men and women, when assigned male or female; secondly it is about access to administrative corrections to legal documents when an original sex assignment is not appropriate; and thirdly, while opt in schemes may help some individuals, legal recognition is not about the creation of a third sex or gender classification for intersex people as a population.[2]

Gender identities

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Like all individuals, some intersex individuals may be raised as a particular sex (male or female) but then identify with another later in life, while most do not.[16][17][18] A 2012 clinical review suggests that between 8.5-20% of persons with intersex conditions may experience gender dysphoria, distress or discomfort as a result of the sex and gender they were assigned at birth.[19]

Like non-intersex people, some intersex individuals may not identify themselves as either exclusively female or exclusively male. Sociological research in Australia, a country with a third 'X' sex classification, shows that 19% of people born with atypical sex characteristics selected an "X" or "other" option, while 52% are women, 23% men, and 6% unsure.[5][20] At birth, 52% of persons in the study were assigned female, and 41% were assigned male.[5]

Research has also shown gender identities of intersex individuals to be independent of sexual orientation.[21]

Intersex advocate Morgan Carpenter states that intersex should not be reduced to a gender identity issue; "intersex as identity is polymorphic, but asserts the dignity of stigmatised embodiment."[22] Dan Christian Ghattas states that "People who do not have an intersex body and want to use ‘intersex’ to describe their gender identity, should be aware of the fact that, unfortunately, they are actually making intersex human rights violations less visible."[23]

Access to identification documents

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Currently, depending on the jurisdiction, access to any birth certificate may be an issue,[4] including a birth certificate with a sex marker,[24] and in the absence of surgical requirements.[25]

In 2014 a Kenyan court ordered its government to issue a birth certificate to a five-year-old child born with ambiguous genitalia, necessary to allow the child to attend school and obtain a national identity document.[4] Many intersex persons in Uganda are understood to be stateless due to historical difficulties in obtaining identification documents, despite a birth registration law that permits intersex minors to change assignment.[26]

A 2017 submission by Justicia Intersex and Zwischengeschlecht to the United Nations Committee Against Torture identified two Argentinian cases of children denied birth certificates without parental consent to irreversible medical interventions.[25]

Access to the same rights as other men and women

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The Asia Pacific Forum of National Human Rights Institutions states that:

Recognition before the law means having legal personhood and the legal protections that flow from that. For intersex people, this is neither primarily nor solely about amending birth registrations or other official documents. Firstly, it is about intersex people who have been issued a male or a female birth certificate being able to enjoy the same legal rights as other men and women[2]

Accessing the same rights as other men and women supposes the elimination of stigma and discrimination on grounds of sex characteristics, and rights to physical integrity and freedom from torture and ill-treatment.

The Asia Pacific Forum also highlights access to sport and concerns with sex verification policies.[2] Sex testing began at the 1966 European Athletics Championships in response to suspicion that several of the best women athletes from the Soviet Union and Eastern Europe were actually men.[27] At the Olympics, testing was introduced in 1968. Initially, sex verification took the form of physical examinations. It subsequently evolved into chromosome testing, and later testosterone testing. Reports have shown how elite women athletes with intersex conditions have been humiliated, excluded, and suffered human rights violations as a result of sex verification testing.[28][29][30] Such cases have included female genital mutilation and sterilization.[30]

Changing identification documents

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Access to a birth certificate with a correct sex marker may be an issue for intersex people who do not identify with their sex assigned at birth.[3][2]

Some countries have the gender self-determination legal model such as Argentina, Belgium, Malta, Denmark, Greece, France, Portugal, Norway, Chile, Uruguay, Luxembourg, Colombia, Ecuador, Iceland, and Ireland permit changes to sex classifications via simple administrative methods.[31] Some countries, such as Vietnam, Thailand, Japan, some jurisdictions in both Australia and the United States and many European countries only permit changes to sex classifications following sexual reassignment surgery.[2] Other countries do not permit intersex people to change sex assignment at all or, such as the United Kingdom, only by declaring that they are transgender and obtaining a diagnosis of gender dysphoria.[32]

Third sex or gender classifications

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  Nonbinary / third gender available as voluntary opt-in
  Opt-in for intersex people only
  Standard for third gender
  Standard for intersex
  Nonbinary / third gender not legally recognized / no data
Further information: Legal recognition of non-binary gender

The passports and identification documents of Australia, New Zealand and some other nationalities have adopted "X" as a valid third category besides "M" (male) and "F" (female), at least since 2003.[33][34] US states have recognised third options since at least 2012, in the case of an 'hermaphrodite' birth certificate sex marker in Ohio.[35] In 2013, Germany became the first European nation to register babies with characteristics of both sexes as indeterminate gender on birth certificates, amidst opposition and skepticism from intersex organisations who point out that the law mandates exclusion from male or female categories.[36][37][38][39]

US organization Intersex Campaign for Equality successfully pursued third sex/gender classification through a federal court case filed on Intersex Awareness Day, October, 26, 2015. On November 22, 2016, the United States District Court for the District of Colorado ruled in favor of intersex Navy veteran Dana Zzyym, associate director of Intersex Campaign for Equality, stating that the State Department violated federal law in denying Zzyym a passport because they did not select M/male or F/female as their sex marker.[40][41] On October 27, 2021, the very first US X Passport was issued to Dana Zzyym. As stated by Lambda Legal, Zzyym's legal representatives in the lawsuit, the X is a "sex/gender" marker representing both intersex and non-binary/gender nonconforming people.[42] The X passport was issued to Zzyym because their medical records demonstrated to the courts that they are not male or female but intersex; in keeping with federal precedent regarding M/F markers, and statewide precedent regarding the X markers, the passport X represents both sex and gender identity. It does not require medical documentation, and will be available to any citizen who wishes to opt out of binary sex/gender classifications. On September 26, 2016, intersex California resident Sara Kelly Keenan became the second person in the United States to legally change her gender to non-binary.[43] In December 2016, Keenan received a birth certificate with an 'Intersex' sex marker from New York City. Press coverage also disclosed that Ohio issued a birth certificate with a sex marker of 'hermaphrodite' in 2012.[44][35]

The intersex movement supports voluntary and opt-in non-binary and multiple sex classifications, described in the statement of the Third International Intersex Forum. The Open Society Foundations published a report, License to Be Yourself in May 2014, documenting "some of the world's most progressive and rights-based laws and policies" enabling changes to gender markers on official documents.[45] The report comments on the recognition of third classifications, stating:

From a rights-based perspective, third sex / gender options should be voluntary... Those identifying as a third sex / gender should have the same rights as those identifying as male or female.[45]

The Council of Europe acknowledged concerns about recognition of third and blank classifications in a 2015 Issue Paper, stating that these may lead to "forced outings" and "lead to an increase in pressure on parents of intersex children to decide in favour of one sex."[3] The Issue Paper argues that "further reflection on non-binary legal identification is necessary":

Mauro Cabral, Global Action for Trans Equality (GATE) Co-Director, indicated that any recognition outside the "F"/"M" dichotomy needs to be adequately planned and executed with a human rights point of view, noting that: "People tend to identify a third sex with freedom from the gender binary, but that is not necessarily the case. If only trans and/or intersex people can access that third category, or if they are compulsively assigned a third sex, then the gender binary gets stronger, not weaker"[3]

The Asia Pacific Forum of National Human Rights Institutions recognised the right of individuals to non-binary or third sex classifications, but stated that, "creating a third, separate category for the registration of people born with an intersex trait ... would risk segregating and potentially stigmatising intersex people. It would also remove their right to determine their own sex or gender."[2]

In March 2017, an Australian and New Zealand community statement called for an end to legal classification of sex, stating that legal third classifications, like binary classifications, were based on structural violence and failed to respect diversity and a "right to self-determination".[46][47]

Ending official classification by sex or gender

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The statement of the Third International Intersex Forum calls for an end to official classification by sex or gender on identification documents. Dan Christian Ghattas of OII Europe states that, "providing the options for all parents to leave the sex/ gender entry open for their child would promote the equality of all sexes and genders".[23] Laura Inter of Mexican intersex organization Brújula Intersexual, imagines a society where sex or gender classifications are removed from birth certificates and other official identification documents,[48] and Morgan Carpenter of OII Australia states that, "the removal of sex and gender, like race and religion, from official documentation" is "a more universal, long-term policy goal".[22]

In March 2017, an Australian and New Zealand community statement called for an end to legal classification of sex, stating that legal third classifications, like binary classifications, were based on structural violence and failed to respect diversity and a "right to self-determination". It also called for the criminalization of deferrable intersex medical interventions.[46][47]

Sex and gender distinctions

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Main article: Sex and gender distinction

Distinctions between sex and gender are lost in many official or legal documents,[49] and also online. In 2014, Facebook introduced dozens of options for users to specify their gender, including the option of intersex.[50]

Malta declaration

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Participants at the third International Intersex Forum, Malta, in December 2013
Main articles: Malta declaration (International Intersex Forum) and International Intersex Forum

The Malta declaration by the Third International Intersex Forum, in 2013, called for infants and children to be assigned male or female, on the understanding that later identification may differ:

  • To register intersex children as females or males, with the awareness that, like all people, they may grow up to identify with a different sex or gender.
  • To ensure that sex or gender classifications are amendable through a simple administrative procedure at the request of the individuals concerned. All adults and capable minors should be able to choose between female (F), male (M), non-binary or multiple options. In the future, as with race or religion, sex or gender should not be a category on birth certificates or identification documents for anybody. (Third International Intersex Forum)[2]

Recognition and rights by continent and jurisdiction

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This section is transcluded from Intersex human rights. (edit | history)


Africa

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Country/jurisdiction Physical integrity and bodily autonomy Anti-discrimination protection Access to identification documents Access to same rights as other men and women Changing M/F identification documents Third gender or sex classifications Ending official classification by sex or gender Sex and gender distinctions Assign infants and children to male or female
  Kenya Since 2022 [51][52]    [4] Since 2022 [53]
  South Africa  [54][55]  [56]    [57]   Subject to medical and social reports
  Uganda  [58][59]    [60]

Americas

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Country/jurisdiction Physical integrity and bodily autonomy Anti-discrimination protection Access to identification documents Access to same rights as other men and women Changing M/F identification documents Third gender or sex classifications Ending official classification by sex or gender Sex and gender distinctions Assign infants and children to male or female
  Argentina  [61]     Self-determination[62]   Since July 2021, gender X became available and implemented[63]
  Canada  [64]       Self-determination  
  Chile  [65][66]  [67][68][69]     Self-determination[70]  [70]
  Colombia   No, but restricted in children aged over 5.     Self-determination
  Mexico  [71][72][73]  [72]   Since May 2023, a gender X option formally became available on Passports within Mexico - alongside male and female options.[74][75]
  United States  [76] Partial, in healthcare[77]   Laws on female genital mutilation not enforced[76]  /  Opt in only for Washington D.C., California, New York City, Ohio (with a court order only), New Mexico,[78] Nevada,[79] Oregon, Utah (with a court order only),[80] Washington State, New Jersey,[81] Colorado, and Michigan.[82][83][43][35] In October 2021, the very first US Passport with a gender X was issued by a court order for an individual. From April-11-2022, gender X becomes officially available and recognised for any validly issued US Passport holder.[84][85][86] Firearms transfer ATF forms and documents also have male, female and non-binary options since 2021.[87]
  Uruguay  [88][89]   Self-determination  [90]

Asia

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Country/jurisdiction Physical integrity and bodily autonomy Anti-discrimination protection Access to identification documents Access to same rights as other men and women Changing M/F identification documents Third gender or sex classifications Ending official classification by sex or gender Sex and gender distinctions Assign infants and children to male or female
  Bangladesh      [91][citation needed]  [91][citation needed]
  China  [92][93]  [94]
  India      [95]  [95]
  Japan       Requires surgery[2]
  Nepal      [96] [97]  [96]
  Pakistan    [98]   Self-determination[98]  [98]
  South Korea      [citation needed]
  Thailand       Requires surgery[2]
  Vietnam       Requires surgery[2]

Europe

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Country/jurisdiction Physical integrity and bodily autonomy Anti-discrimination protection Access to identification documents Access to same rights as other men and women Changing M/F identification documents Third gender or sex classifications Ending official classification by sex or gender Sex and gender distinctions Assign infants and children to male or female
  Albania  [99]  [100]
  Austria  [101]
  Bosnia and Herzegovina    [102]
  Belgium         Self-determination[103][104]  
  Denmark  [105][106]     Self-determination[31]  
  Finland    [107]     Self-determination  
  France  [108][109]        
  Germany   with exceptions[110][111][112]       Self-determination  [113]
  Greece    [114]   Self-determination
  Iceland    [115][116][117]       Self-determination[115][116][117]  [115][116][117]
  Ireland  [118][119]     Self-determination[31]  
  Jersey    [120]
  Luxembourg        [121]  
  Malta   Legislated[citation needed]  [122]       Self-determination[31]  [123]
  Montenegro    [124]              
  Netherlands          
  Norway  [125]       Self-determination[126][127][128]  
  Portugal   Legislated[129][130]         Self-determination[129][130]  
  Serbia    [131]
  Sweden           Self-determination effective from July 1, 2025 - under enacted April 2024 legislation passed in Sweden[132]        
  Switzerland  [133][134][135][136]     Self-determination[137]  
  United Kingdom  [138][139]     Requires diagnosis of gender dysphoria[32]  

Oceania

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Country/jurisdiction Physical integrity and bodily autonomy Anti-discrimination protection Access to identification documents Access to same rights as other men and women Changing M/F identification documents Third gender or sex classifications Ending official classification by sex or gender Sex and gender distinctions Assign infants and children to male or female
  Australia  [46][140]   At federal level[141]   Exemptions regarding sport and female genital mutilation[141]   Policies vary depending on jurisdiction[142]   Requires sexual reassignment surgery since 1996 within NSW - until June 30, 2025. “Appropriate clinical treatment” required in NT, SA and WA. Self-determination in ACT, VIC, TAS, QLD (and NSW effective from July 1, 2025).[143]   (Passports)   Opt in at federal level, state/territory policies vary[142][49]
  New Zealand  [46][144]   (Under sex, however indirectly implied under the Human Rights Act 1993)   Exemptions regarding female genital mutilation[2]   Self-determination[145]   (Passports)   (Third birth certificate may be used if determined at birth[146])


See also

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Notes

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  1. ^ "Free & Equal Campaign Fact Sheet: Intersex" (PDF). United Nations Office of the High Commissioner for Human Rights. 2015. Archived (PDF) from the original on 4 March 2016. Retrieved 28 March 2016.
  2. ^ a b c d e f g h i j k l m n o Promoting and Protecting Human Rights in relation to Sexual Orientation, Gender Identity and Sex Characteristics. Asia Pacific Forum of National Human Rights Institutions. June 2016. ISBN 978-0-9942513-7-4. Archived from the original on 2017-01-15.
  3. ^ a b c d e f Human rights and intersex people, Issue Paper, Council of Europe, April 2015
  4. ^ a b c d "Kenya takes step toward recognizing intersex people in landmark ruling". Reuters. 2014-12-05.
  5. ^ a b c Jones, Tiffany; Hart, Bonnie; Carpenter, Morgan; Ansara, Gavi; Leonard, William; Lucke, Jayne (February 2016). Intersex: Stories and Statistics from Australia (PDF). Cambridge, UK: Open Book Publishers. ISBN 978-1-78374-208-0. Archived from the original (PDF) on 2016-09-14. Retrieved 2016-02-02.
  6. ^ Lynn E. Roller, "The Ideology of the Eunuch Priest," Gender & History 9.3 (1997), p. 558.
  7. ^ Decretum Gratiani, C. 4, q. 2 et 3, c. 3
  8. ^ "Decretum Gratiani (Kirchenrechtssammlung)". Bayerische StaatsBibliothek (Bavarian State Library). February 5, 2009. Archived from the original on December 20, 2016.
  9. ^ Raming, Ida; Macy, Gary; Bernard J, Cook (2004). A History of Women and Ordination. Scarecrow Press. p. 113.
  10. ^ E Coke, The First Part of the Institutes of the Laws of England, Institutes 8.a. (1st Am. Ed. 1812) (16th European ed. 1812).
  11. ^ Greenberg, Julie (1999). "Defining Male and Female: Intersexuality and the Collision Between Law and Biology". Arizona Law Review. 41: 277–278. SSRN 896307.
  12. ^ a b Holmes, Morgan (July 2004). "Locating Third Sexes". Transformations Journal (8). ISSN 1444-3775. Archived from the original on 2007-06-26. Retrieved 2014-12-28.
  13. ^ Zderic, Stephen (2002). Pediatric gender assignment : a critical reappraisal ; [proceedings from a conference ... in Dallas in the spring of 1999 which was entitled "pediatric gender assignment - a critical reappraisal"]. New York, NY [u.a.]: Kluwer Acad. / Plenum Publ. ISBN 978-0306467592.
  14. ^ a b Ghattas, Dan Christian (September 2013). "Human Rights Between the Sexes" (PDF). Archived (PDF) from the original on 2015-09-23.
  15. ^ "A preliminary study on the life situations of inter* individuals". OII Europe. 4 November 2013. Archived from the original on 4 July 2015.
  16. ^ Money, John; Ehrhardt, Anke A. (1972). Man & Woman Boy & Girl. Differentiation and dimorphism of gender identity from conception to maturity. USA: The Johns Hopkins University Press. ISBN 978-0-8018-1405-1.
  17. ^ Domurat Dreger, Alice (2001). Hermaphrodites and the Medical Invention of Sex. USA: Harvard University Press. ISBN 978-0-674-00189-3.
  18. ^ Marañón, Gregorio (1929). Los estados intersexuales en la especie humana. Madrid: Morata.
  19. ^ Furtado, P. S.; et al. (2012). "Gender dysphoria associated with disorders of sex development". Nat. Rev. Urol. 9 (11): 620–627. doi:10.1038/nrurol.2012.182. PMID 23045263. S2CID 22294512.
  20. ^ Demographics, Organisation Intersex International Australia, July 28, 2016, archived from the original on October 1, 2016, retrieved 2016-09-30
  21. ^ Diamond, Milton (1997). "Sexual Identity and Sexual Orientation in Children with Traumatized or Ambiguous Genitalia". The Journal of Sex Research. 34 (2): 199–211. doi:10.1080/00224499709551885. JSTOR 3813570.
  22. ^ a b Carpenter, Morgan (May 2016). "The human rights of intersex people: addressing harmful practices and rhetoric of change". Reproductive Health Matters. 24 (47): 74–84. doi:10.1016/j.rhm.2016.06.003. ISSN 0968-8080. PMID 27578341.
  23. ^ a b Ghattas, Dan Christian (2016). "Standing up for the human rights of intersex people – how can you help?" (PDF). Archived (PDF) from the original on 2016-03-27.
  24. ^ Viloria, Hida (November 6, 2013). "Op-ed: Germany's Third-Gender Law Fails on Equality". The Advocate. Archived from the original on January 3, 2017.
  25. ^ a b "NGO Report to the 6th and 7th Periodic Report of Argentina on the Convention Against Torture (CAT)" (PDF). Buenos Aires: Justicia Intersex. March 2017. Archived (PDF) from the original on 2018-01-04.
  26. ^ Baseline Survey on Intersex Realities in East Africa - Specific Focus on Uganda, Kenya and Rwanda, Support Initiative for Persons with Congenital Disorders, 2016
  27. ^ R. Peel, "Eve’s Rib - Searching for the Biological Roots of Sex Differences", Crown Publishers, New York City, 1994, ISBN 0-517-59298-3[page needed]
  28. ^ Jordan-Young, R. M.; Sonksen, P. H.; Karkazis, K. (April 2014). "Sex, health, and athletes". BMJ. 348 (apr28 9): –2926–g2926. doi:10.1136/bmj.g2926. ISSN 1756-1833. PMID 24776640. S2CID 2198650.
  29. ^ Martínez-Patiño, Maria José (December 2005). "Personal Account: A woman Tried and Tested". The Lancet. 366: 366–538. doi:10.1016/s0140-6736(05)67841-5. PMID 16360746. S2CID 8742433.
  30. ^ a b Pūras, Dainius (April 4, 2016), Sport and healthy lifestyles and the right to health. Report A/HRC/32/33, United Nations Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, archived from the original on December 15, 2016
  31. ^ a b c d McDonald, Henry; Others (July 16, 2015). "Ireland passes law allowing trans people to choose their legal gender". The Guardian. Archived from the original on 16 November 2015. Retrieved 13 November 2015.
  32. ^ a b Payton, Naith (July 23, 2015). "Comment: Why the UK's gender recognition laws desperately need updating". The Pink Paper. Archived from the original on January 26, 2017. Retrieved May 15, 2017.
  33. ^ Holme, Ingrid (2008). "Hearing People's Own Stories". Science as Culture. 17 (3): 341–344. doi:10.1080/09505430802280784. S2CID 143528047.
  34. ^ "New Zealand Passports - Information about Changing Sex / Gender Identity". Archived from the original on 23 September 2014. Retrieved 6 October 2014.
  35. ^ a b c O'Hara, Mary Emily (December 29, 2016). "Nation's First Known Intersex Birth Certificate Issued in NYC". NBC News. Archived from the original on 2019-05-09. Retrieved 2016-12-30.
  36. ^ "Third sex option on birth certificates". Deutsche Welle. 1 November 2013. Archived from the original on 10 October 2014.
  37. ^ "Third Gender: A Step Toward Ending Intersex Discrimination". Der Spiegel. 22 August 2013. Archived from the original on 4 June 2016.
  38. ^ "Intersex: Third Gender in Germany" (Spiegel, Huff Post, Guardian, ...): Silly Season Fantasies vs. Reality of Genital Mutilations". Zwischengeschlecht. 1 November 2013. Archived from the original on 24 June 2017.
  39. ^ "Sham package for Intersex: Leaving sex entry open is not an option". OII Europe. 15 February 2013. Archived from the original on 29 August 2014.
  40. ^ Lavers, Michael (November 23, 2016). "Judge rules in favor of intersex passport applicant". Washington Blade. Archived from the original on February 2, 2017.
  41. ^ "Legal Documents". Lambda Legal. Archived from the original on 2017-02-02. Retrieved 2017-01-30.
  42. ^ a b O'Hara, Mary Emily (September 26, 2016). "Californian Becomes Second US Citizen Granted 'Non-Binary' Gender Status". NBC News. Archived from the original on September 26, 2016. Retrieved September 26, 2016.
  43. ^ "First Ever Intersex Birth Certificate Issued In America | Very Real". Oxygen.com. 2016-12-30. Archived from the original on 2017-01-05. Retrieved 2017-01-04.
  44. ^ a b Byrne, Jack (2014). License to Be Yourself. New York: Open Society Foundations. ISBN 9781940983103. Archived from the original on 2015-01-08. Retrieved 2014-12-28.
  45. ^ a b c d Androgen Insensitivity Support Syndrome Support Group Australia; Intersex Trust Aotearoa New Zealand; Organisation Intersex International Australia; Black, Eve; Bond, Kylie; Briffa, Tony; Carpenter, Morgan; Cody, Candice; David, Alex; Driver, Betsy; Hannaford, Carolyn; Harlow, Eileen; Hart, Bonnie; Hart, Phoebe; Leckey, Delia; Lum, Steph; Mitchell, Mani Bruce; Nyhuis, Elise; O'Callaghan, Bronwyn; Perrin, Sandra; Smith, Cody; Williams, Trace; Yang, Imogen; Yovanovic, Georgie (March 2017), Darlington Statement, archived from the original on 2017-03-22, retrieved March 21, 2017
  46. ^ a b Copland, Simon (March 20, 2017). "Intersex people have called for action. It's time to listen". Special Broadcasting Service. Archived from the original on March 22, 2017. Retrieved 2017-03-21.
  47. ^ Inter, Laura (October 3, 2016). "The situation of the intersex community in Mexico". Intersex Day. Archived from the original on May 23, 2017. Retrieved 2017-05-19.
  48. ^ a b "Australian Government Guidelines on the Recognition of Sex and Gender, 30 May 2013". Archived from the original on 1 July 2015. Retrieved 6 October 2014.
  49. ^ "Here's a list of 58 gender options for Facebook users". ABC. February 2014. Archived from the original on 2014-08-27.
  50. ^ Kisika, Sam (8 August 2022). "Landmark Kenya intersex rights law takes effect". Los Angeles Blade: LGBTQ News, Rights, Politics, Entertainment. Retrieved 21 August 2022.
  51. ^ Chigiti, John (September 14, 2016). "The plight of the intersex child". The Star, Kenya. Archived from the original on 2017-01-29. Retrieved 2017-05-13.
  52. ^ "The Children Act 2022" (PDF). Archived from the original (PDF) on 26 July 2022. Retrieved 21 August 2022.
  53. ^ Collison, Carl (October 27, 2016). "SA joins the global fight to stop unnecessary genital surgery on intersex babies". Mail&Guardian. Archived from the original on 2016-10-30. Retrieved 2017-05-15.
  54. ^ United Nations; Committee on the Rights of the Child (October 27, 2016). "Concluding observations on the second periodic report of South Africa". Archived from the original on February 4, 2017. Retrieved March 9, 2022.
  55. ^ "Judicial Matters Amendment Act, No. 22 of 2005, Republic of South Africa, Vol. 487, Cape Town" (PDF). 11 January 2006. Archived from the original (PDF) on 18 October 2017. Retrieved 22 July 2015.
  56. ^ "Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000" (PDF). February 2, 2000. Archived from the original (PDF) on June 3, 2011. Retrieved April 29, 2021.
  57. ^ Kaggwa, Julius (2016-09-16). "I'm an intersex Ugandan – life has never felt more dangerous". The Guardian. ISSN 0261-3077. Archived from the original on 2016-10-06. Retrieved September 16, 2016.
  58. ^ Kaggwa, Julius (October 9, 2016). "Understanding intersex stigma in Uganda". Intersex Day. Archived from the original on 2017-04-08. Retrieved 2016-10-26.
  59. ^ Parliament of Uganda (2015), Registration of Persons Act, archived from the original on 2017-05-01, retrieved 2017-05-15
  60. ^ Justicia Intersex; Zwischengeschlecht.org (2017). "NGO Report to the 6th and 7th Periodic Report of Argentina on the Convention against Torture (CAT)" (PDF). Buenos Aires. Archived (PDF) from the original on 2018-01-04. Retrieved 2017-05-15.
  61. ^ Global Action for Trans Equality (14 May 2012). "Gender identity Law in Argentina: an opportunity for all". Sexuality Policy Watch. Archived from the original on 29 March 2017. Retrieved 15 May 2017.
  62. ^ "Argentina Recognizes Non-Binary Identities". 22 July 2021. Archived from the original on 24 July 2021. Retrieved 24 July 2021.
  63. ^ Criminal Code (R.S.C., 1985, c. C-46), 2019-05-23, retrieved 2019-06-01
  64. ^ "Circular 15" (PDF). Retrieved 4 December 2023.
  65. ^ "Complementa circular 18 que instruye sobre ciertos aspectos de la atencion de salud a niños y niñas intersex" (PDF). Ministerio de Salud. 23 August 2016. Archived (PDF) from the original on 2 January 2020. Retrieved 21 May 2017.
  66. ^ "Law No. 21,430 on Guarantees and Comprehensive protection of the Rights of Childrent and Adolescents" (PDF) (in Spanish). Retrieved 15 March 2022.
  67. ^ "Proyectos de Ley Sistema de garantías de los derechos de la niñez". www.camara.cl (in Spanish). Cámara de Diputados de Chile. Archived from the original on 3 January 2017. Retrieved 3 January 2017.
  68. ^ "Comisión de la Cámara aprueba que niñas y niños trans tengan derecho a desarrollar su identidad de género". www.movilh.cl (in Spanish). Archived from the original on 30 July 2019. Retrieved 3 January 2017.
  69. ^ a b "Datos Registrales con Enfoque de Género" (PDF) (in Spanish). July 2017. Archived from the original (PDF) on 16 March 2018. Retrieved 16 March 2018.
  70. ^ Inter, Laura (2015). "Finding My Compass". Narrative Inquiry in Bioethics. 5 (2): 95–98. doi:10.1353/nib.2015.0039. PMID 26300133. S2CID 20101103.
  71. ^ a b Inter, Laura (October 2016). "The situation of the intersex community in Mexico". Intersex Day. Archived from the original on 2018-10-21. Retrieved 2017-05-13.
  72. ^ Baruch, Ricardo (October 13, 2016), Sí, hay personas intersexuales en México, Animal Politico, archived from the original on June 12, 2017, retrieved May 15, 2017
  73. ^ Sprayregen, Molly (May 27, 2023). "Mexico adds nonbinary option to passports in "great leap" for the "dignity of people"". LGBTQ Nation.
  74. ^ Balevic, Katie. "Mexico introduced a non-binary passport, allowing people to write their gender as 'x' instead of male or female". Business Insider.
  75. ^ a b interACT (June 2016). Recommendations from interACT: Advocates for Intersex Youth regarding the List of Issues for the United States for the 59th Session of the Committee Against Torture (PDF). Archived (PDF) from the original on 2019-04-12. Retrieved 2017-05-15.
  76. ^ interACT (2016). "Federal Government Bans Discrimination Against Intersex People in Health Care". Archived from the original on 2016-05-28. Retrieved 2016-05-27.
  77. ^ "New Laws Take Effect in New Mexico". KOB4. June 14, 2019. Archived from the original on October 1, 2020. Retrieved April 29, 2021.
  78. ^ "ID Documents Center - Nevada". National Center for Transgender Equality. Archived from the original on January 17, 2021. Retrieved April 29, 2021.
  79. ^ Stevens, Taylor (October 8, 2018). "Utahn Becomes One of the First in the State to Receive Nonbinary 'X' Markers on Birth Certificate and Driver License". The Salt Lake Tribune. Archived from the original on November 9, 2020. Retrieved April 29, 2021.
  80. ^ Gunz, Rafaella (January 6, 2019). "New Jersey to Introduce Gender-neutral Birth Certificates in February". Gay Star News. Archived from the original on August 3, 2020. Retrieved April 29, 2021.
  81. ^ "Birth Certificates". Colorado Department of Public Health & Environment. Archived from the original on November 12, 2020. Retrieved April 29, 2021.
  82. ^ "California Senate Bill "SB-179 Gender identity: female, male, or nonbinary" to enact the Gender Recognition Act, to authorize the change of gender on the new birth certificate to be female, male, or nonbinary". California Legislative Information. January 24, 2017. Archived from the original on June 16, 2017. Retrieved May 25, 2017.
  83. ^ "Selecting your Gender Marker". travel.state.gov. Retrieved 2022-05-20.
  84. ^ Migdon, Brooke (2022-04-04). "Nearly 17K Americans may request gender 'X' passport this year". The Hill. Retrieved 2022-05-20.
  85. ^ "US issues its first passport with X gender designation to reflect 'lived reality'". the Guardian. 2021-10-27. Archived from the original on 2021-11-03. Retrieved 2022-02-01.
  86. ^ [1]
  87. ^ "Ley N° 19580 de violencia hacia las mujeres basada en género" (in Spanish). Archived from the original on 10 April 2019. Retrieved 21 October 2018.
  88. ^ "Prohíben las operaciones de definición de sexo en la niñez". Diario EL PAIS Uruguay (in Spanish). 14 January 2018. Archived from the original on 21 October 2018. Retrieved 21 October 2018.
  89. ^ "Ley Integral Para Personas Trans" (PDF). Uruguay Ministry for Social Development. Archived from the original (PDF) on 23 October 2018. Retrieved 20 October 2018.
  90. ^ a b UK Home Office (December 2016). "Bangladesh: Sexual orientation and gender identity" (PDF). UK Home Office Country Policy and Information Note. Archived (PDF) from the original on 25 April 2017. Retrieved 25 May 2017.
  91. ^ United Nations; Committee against Torture (2015). "Concluding observations on the fifth periodic report of China". Geneva: United Nations. Archived from the original on 2017-03-26. Retrieved 2017-05-15.
  92. ^ United Nations; Committee against Torture (2015). "Concluding observations on the fifth periodic report of China with respect to the Hong Kong Special Administrative Region". Geneva: United Nations. Archived from the original on 2017-03-26. Retrieved 2017-05-15.
  93. ^ Equal Opportunities Commission (March 9, 2017). "EOC & GRC of CUHK Issue Statement Calling for the Introduction of Legislation against Discrimination on the Grounds of Sexual Orientation, Gender Identity and Intersex Status". Archived from the original on March 26, 2017. Retrieved May 15, 2017.
  94. ^ a b Supreme Court of India 2014. "Supreme Court recognises the right to determine and express one's gender; grants legal status to 'third gender'" (PDF). Archived from the original (PDF) on 2014-05-27. Retrieved 2017-05-25.{{cite web}}: CS1 maint: numeric names: authors list (link)
  95. ^ a b "Sunil Babu Pant and Others/ v. Nepal Government and Others, Supreme Court of Nepal" (PDF). National Judicial Academy Law Journal. April 2007. Archived from the original (PDF) on 2016-10-11. Retrieved 4 May 2016.
  96. ^ Regmi, Esan (2016). Stories of Intersex People from Nepal. Kathmandu. Archived from the original on 2017-07-28. Retrieved 2017-05-15.{{cite book}}: CS1 maint: location missing publisher (link)
  97. ^ a b c "Transgender Persons (Protection of Rights) Act, 2018" (PDF). Archived (PDF) from the original on 4 December 2020. Retrieved 1 December 2018.
  98. ^ "Albania approves protocol to stop medical intervention on intersex babies". www.exit.al. 27 June 2020. Archived from the original on 2021-01-26. Retrieved 2020-06-27.
  99. ^ "Albania Amends Its Law for Protection From Discrimination: HIV Status and Sex Characteristics Are Now Protected Grounds". Archived from the original on 2021-05-03. Retrieved 2020-11-08.
  100. ^ "Der Österreichische Verfassungsgerichtshof - Intersex persons have the right to adequate designation in the civil register". www.vfgh.gv.at. Archived from the original on 2018-07-04. Retrieved 2018-07-04.
  101. ^ "Anti-discrimination Law Updated in Bosnia-Herzegovina". ILGA-Europe. Archived from the original on 2016-08-08. Retrieved 2016-08-02.
  102. ^ "– Belgium – New Gender Recognition Law with obstacles". tgeu.org. Archived from the original on 2021-02-11. Retrieved 2018-05-14.
  103. ^ "New Belgian Gender Recognition Act: shouldn't self-determination also include non-binary people?". Archived from the original on 2018-05-14. Retrieved 2018-05-14.
  104. ^ Amnesty International (2017). First, Do No Harm. Archived from the original on 2017-05-17. Retrieved 2017-05-15.
  105. ^ Amnesty International (2017). "First, Do No Harm: ensuring the rights of children born intersex". Archived from the original on 2017-05-11. Retrieved 2017-05-13.
  106. ^ Ghattas, Dan Christian; ILGA-Europe (2016). "Standing up for the human rights of intersex people – how can you help?" (PDF). Archived (PDF) from the original on 2016-03-27.
  107. ^ Guillot, Vincent; Zwischengeschlecht (April 3, 2016). "NGO Report to the 7th Periodic Report of France on the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)". Archived from the original on 2017-03-25. Retrieved 2017-03-24.
  108. ^ Sénat; Blondin, Maryvonne; Bouchoux, Corinne (2017-02-23). Variations du développement sexuel : lever un tabou, lutter contre la stigmatisation et les exclusions. 2016-2017 (in French). Paris, France: Sénat. Archived from the original on 2017-03-31. Retrieved 2017-05-15.
  109. ^ Intergeschlechtliche Menschen (March 26, 2021). "Bundestag verabschiedet Gesetz zum Schutz von Kindern mit Varianten der Geschle". Archived from the original on March 26, 2021. Retrieved April 4, 2021.
  110. ^ "Stellungnahme IVIM - OII Germany zum Gesetzentwurf der Bundesregierung "Entwurf eines Gesetzes zum Schutz von Kindern mit Varianten der Geschlechtsentwicklung"" (PDF). OII Germany (in German). September 23, 2020. Archived (PDF) from the original on August 11, 2021. Retrieved April 29, 2021.
  111. ^ "Presseerklärung Internationale Vereinigung Intergeschlechtlicher Menschen" (PDF). OII Germany. March 26, 2021. Archived (PDF) from the original on May 8, 2021. Retrieved April 29, 2021.
  112. ^ "Bundesverfassungsgericht - Press - Civil status law must allow a third gender option". www.bundesverfassungsgericht.de. Archived from the original on 2017-11-15. Retrieved 2017-11-14.
  113. ^ ΝΟΜΟΣ ΥΠ' ΑΡΙΘ. 3456 Σύμφωνο συμβίωσης, άσκηση δικαιωμάτων, ποινικές και άλλες διατάξεις [LAW NO. 3456 Cohabitation, exercise of rights, criminal and other provisions] (PDF) (in Greek). Archived from the original (PDF) on 2018-06-19. Retrieved 2018-04-29.
  114. ^ a b c Fisher, Owl (June 21, 2019). "On Trans Issues, Iceland has just put Britain to Shame". The Guardian. Archived from the original on June 24, 2019. Retrieved April 29, 2021.
  115. ^ a b c "Gender Autonomy Act Applauded". Iceland Monitor. June 21, 2019. Archived from the original on June 22, 2019. Retrieved April 29, 2021.
  116. ^ a b c "Iceland Passes Major Gender Identity Law: "The Fight Is Far From Over"". Grapevine. June 19, 2019. Archived from the original on June 25, 2019. Retrieved April 29, 2021.
  117. ^ Zwischengeschlecht.org (December 2015). "Intersex Genital Mutilations Human Rights Violations Of Children With Variations Of Sex Anatomy: NGO Report to the 2nd, 3rd and 4th Periodic Report of Ireland on the Convention on the Rights of the Child (CRC)" (PDF). Zurich. Archived (PDF) from the original on 2016-03-21. Retrieved 2017-05-15.
  118. ^ United Nations; Committee on the Rights of Child (February 4, 2016). "Concluding observations on the combined third to fourth periodic reports of Ireland (advance unedited version)". Geneva: United Nations. Archived from the original on March 15, 2016. Retrieved May 15, 2017.
  119. ^ "Discrimination (Sex and Related Characteristics) (Jersey) Regulations 2015". 2015. Archived from the original on 2016-03-14. Retrieved 2017-05-15.
  120. ^ "Luxembourg makes status change for transgender people easier". 26 July 2018. Archived from the original on 27 July 2018. Retrieved 23 September 2018.
  121. ^ Malta (April 2015), Gender Identity, Gender Expression and Sex Characteristics Act: Final version, archived from the original on 2015-07-05, retrieved 2015-07-19
  122. ^ Dalli, Miriam (3 February 2015). "Male, Female or X: the new gender options on identification documents". Malta Today. Archived from the original on 15 December 2016. Retrieved 15 May 2017.
  123. ^ "Zakon o zabrani diskriminacije | Crna Gora | Paragraf Lex". www.paragraf.me. Article 19 ("Any discrimination, unequal treatment or unequal position of a person or group of persons on the basis of gender identity, sexual orientation and / or intersex characteristics is considered discrimination."). Archived from the original on 2020-08-04. Retrieved 2020-11-08.
  124. ^ "Norway". Rainbow Europe. Archived from the original on January 5, 2017. Retrieved April 29, 2021.
  125. ^ "Norway becomes fourth country in Europe to introduce model of self-determination - ILGA-Europe". www.ilga-europe.org. Archived from the original on 2021-04-29. Retrieved 2018-08-30.
  126. ^ "Norway becomes fourth country in the world to allow trans people to determine their own gender". 6 June 2016. Archived from the original on 30 August 2018. Retrieved 30 August 2018.
  127. ^ "Norway: Historic breakthrough for transgender rights". www.amnesty.org. 18 March 2016. Archived from the original on 16 January 2021. Retrieved 30 August 2018.
  128. ^ a b "Portugal parliament approves new gender change law". Agence France-Presse. July 13, 2018. Archived from the original on 2020-01-24. Retrieved 2018-08-31.
  129. ^ a b "Portugal's parliament approves new gender identity bill". DW. July 13, 2018. Archived from the original on 2020-11-09. Retrieved 2018-08-31.
  130. ^ "Napokon vidljivi" [Finally visible]. XY Spectrum (in Serbian). 2021-05-27. Archived from the original on 2021-06-16. Retrieved 2021-07-29.
  131. ^ [2]
  132. ^ Swiss National Advisory Commission on Biomedical Ethics NEK-CNE (November 2012). On the management of differences of sex development. Ethical issues relating to "intersexuality".Opinion No. 20/2012 (PDF). Berne. Archived from the original (PDF) on 2015-04-23. Retrieved 2015-07-19.{{cite book}}: CS1 maint: location missing publisher (link)
  133. ^ Zwischengeschlecht.org (March 2014). "Intersex Genital Mutilations Human Rights Violations Of Children With Variations Of Sex Anatomy: NGO Report to the 2nd, 3rd and 4th Periodic Report of Switzerland on the Convention on the Rights of the Child (CRC)" (PDF). Zurich. Archived (PDF) from the original on 2014-05-06. Retrieved 2017-05-15.
  134. ^ United Nations; Committee on the Rights of Child (February 26, 2015). "Concluding observations on the combined second to fourth periodic reports of Switzerland". Geneva. Archived from the original on July 25, 2017. Retrieved May 15, 2017.
  135. ^ United Nations; Committee on the Rights of Child (September 7, 2015). "Concluding observations on the seventh periodic report of Switzerland" (PDF). Geneva. Archived (PDF) from the original on December 10, 2018. Retrieved April 29, 2018.
  136. ^ "Switzerland to allow simple gender identity change next year". www.jurist.org. 27 December 2021. Archived from the original on 2021-12-28. Retrieved 2022-02-01.
  137. ^ United Nations; Committee on the Rights of Child (June 2016). "Concluding observations on the fifth periodic report of the United Kingdom of Great Britain and Northern Ireland". Geneva: United Nations. Archived from the original on 2017-05-07. Retrieved 2017-05-15.
  138. ^ Zwischengeschlecht.org; IntersexUK; OII-UK; The UK Intersex Association (April 2016). Intersex Genital Mutilations Human Rights Violations of Children with Variations of Sex Anatomy: NGO Report to the 5th Periodic Report of the United Kingdom on the Convention on the Rights of the Child (CRC) (PDF). Zurich. Archived (PDF) from the original on 2016-11-09. Retrieved 2017-05-15.{{cite book}}: CS1 maint: location missing publisher (link)
  139. ^ Australian Senate Community Affairs Committee (October 2013). "Involuntary or coerced sterilisation of intersex people in Australia". Archived from the original on 2015-09-23.
  140. ^ a b "We welcome the Senate Inquiry report on the Exposure Draft of the Human Rights and Anti-Discrimination Bill 2012". Organisation Intersex International Australia. 21 February 2013. Archived from the original on 1 January 2014. Retrieved 15 May 2017.
  141. ^ a b "On intersex birth registrations". OII Australia. 13 November 2009. Archived from the original on 12 January 2018. Retrieved 15 May 2017.
  142. ^ "Now That Same-Sex Marriage Is Legal, States Must Abolish Transgender "Forced Divorce" Laws". BuzzFeed. 10 January 2018. Archived from the original on 2019-01-03. Retrieved 2018-01-11.
  143. ^ Human Rights Commission (2016), Intersex Roundtable Report 2016 The practice of genital normalisation on intersex children in Aotearoa New Zealand (PDF), archived from the original (PDF) on 2019-10-29, retrieved 2017-05-15
  144. ^ "New Zealand passes law allowing citizens to self-identify sex on birth certificates". www.jurist.org. 9 December 2021. Archived from the original on 2022-02-13. Retrieved 2022-02-01.
  145. ^ Department of Internal Affairs. "General information regarding Declarations of Family Court as to sex to be shown on birth certificates" (PDF). Archived from the original (PDF) on 2017-04-30. Retrieved 2015-07-19.
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