Open Letter to Federal Party Leaders:

If elected, will your party amend Canada’s Criminal Code to

prohibit medically unnecessary surgeries on

Intersex infants and children?

October 10, 2019

Surgeries on intersex children have been condemned by major human rights groups such as the United

Nations, Physicians for Human Rights, and Human Rights Watch, as well as every intersex-led organization

in the world. Egale is urging the Canadian government to fulfill its treaty body obligations under international

law, especially concerning the UN Convention Against Torture.

Approximately 1.7% of the population is born with intersex traits (UNHCR factsheet). The term intersex

refers to a person whose chromosomal, hormonal or anatomical sex characteristics fall outside the

conventional classifications of male or female. The designation of "intersex" can be experienced as

stigmatizing. This is especially true given the history of medical practitioners imposing it as a diagnosis

requiring correction. It happens more often than not that medically unnecessary surgical or pharmaceutical

to Torture or Cruel, Inhuman and Degrading Treatment under the UN Convention Against Torture. The

existing law deprives intersex children from criminal protections against pathologization of their bodies, and

instead functions to normalize surgical interventions based on assumptions about medically “correct” or

“normal” bodies. Between 30-80% of intersex children undergo up to five irreversible surgeries.

When it comes to legal protections of human rights for intersex people, Canada is falling behind the rest of

the world. This is a matter of international human rights law and it is absurd for any government to assume

there won’t be repercussions for not adhering to international standards.

Countries and governing bodies around the world are taking action:

law to prohibit surgery and treatment on the sex characteristics of minors without their informed

consent. It also prohibits discrimination on the basis of sex characteristics

 In 2013, Australia adopted the Sex Discrimination Amendment (Sexual Orientation, Gender Identity

and Intersex Status) Act – the first law to include intersex status as a stand-alone prohibited ground of

discrimination. The Australian Senate has also carried out an official inquiry into the involuntary or

coerced sterilization of intersex people.

 In August 2018, the state of California, SCR-110 called for the creation of clear policy encouraging

the delay of cosmetic procedures until an intersex individual is old enough to make an informed

decision.

Will you, if elected, commit to ensuring that Canada adheres to international standards of human

rights by amending the Criminal Code to prohibit non-consensual medically unnecessary surgeries on

intersex children? I

Sincerely,

Helen Kennedy

Executive Director at Egale Canada