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Intersex persons 

42. While taking note of the information provided by the delegation on the decisionmaking process related to treatment of intersex children, the Committee remains concerned at reports of unnecessary and irreversible surgery and other medical treatment with lifelong consequences to which intersex children have been subjected before the age of 15, when their informed consent is required. The Committee is further concerned at hurdles faced by these persons when seeking redress and compensation in such cases (arts. 14 and 16).  
43. The State party should: 

(a) Take the necessary legislative, administrative and other measures to guarantee the respect for the physical integrity and autonomy of intersex persons and ensure that no one is subjected during infancy or childhood to unnecessary medical or surgical procedures;  
(b) Guarantee counselling services for all intersex children and their parents, so as to inform them of the consequences of unnecessary surgery and other medical treatment;  
(c) Ensure that full, free and informed consent is respected in connection with medical and surgical treatments for intersex persons and that non-urgent, irreversible medical interventions are postponed until a child is sufficiently mature to participate in decision-making and give full, free and informed consent;  
(d) Provide adequate redress for the physical and psychological suffering caused by such practices to intersex persons.

Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment

56 Session (09 Nov 2015 - 09 Dec 2015)

Concluding observations on the combined sixth and seventh periodic reports of Denmark

Page 7

B. General principles (arts. 2, 3, 6 and 12)


12. While noting that discrimination is generally prohibited by law, the Committee recommends that the State party


(a) Ensure that all children, including those attending boarding schools, or foreign children attending a temporary educational facility, have access to the standard educational system in accordance with the Act on Public Schools; 


(b) In view of discrimination based on disability or sexual orientation being prohibited solely in relation to employment, adopt specific anti-discrimination legislation explicitly prohibiting discrimination in all areas against children with disabilities and lesbian, gay, bisexual, transgender and intersex children; 


(c) Continue taking awareness-raising measures to combat all forms of discrimination against children from ethnic minorities, asylum-seeking, refugee or Roma children, children with disabilities, and lesbian, gay, bisexual, transgender or intersex children

Convention on the Rights of the Child, Committee on the Rights of the Child

76th session, 26 October 2017

  Concluding observations on the fifth periodic report of Denmark*

Page 3

D. Violence against children (arts. 19, 24 (3), 28 (2), 34, 37 (a) and 39)

Harmful practices


24. In view of ongoing surgical interventions on intersex children, the Committee recommends that the State party: 


(a) Ensure that no one is subjected to unnecessary medical or surgical treatment during infancy or childhood, guarantee bodily integrity, autonomy and selfdetermination for the children concerned and provide families with intersex children with adequate counselling and support;  


(b) Develop and implement a child rights-based health-care protocol for intersex children, setting out the procedures and steps to be followed by health teams; 


(c) Undertake investigation of incidents of surgical and other medical treatment of intersex children without informed consent and adopt legal provisions in order to provide redress to the child victims of such treatment, including adequate compensation;  


(d) Educate and train medical and psychological professionals on the range of sexual and related biological and physical diversity and on the consequences of unnecessary surgical and other medical interventions for intersex children.

Convention on the Rights of the Child, Committee on the Rights of the Child

76th session, 26 October 2017

  Concluding observations on the fifth periodic report of Denmark*

Page 6

First, do no harm: Ensuring the rights of children with variations of sex characteristics in Denmark and Germany (10. Maj 2017)

Denne rapport fra Amnesty International, kommer ind på yderligere områder hvor Danmark begår overtrædelser af menneskerettighederne.

(versioner på: Fransk, Tysk, Spansk, Engelsk og Dansk.) 

Klik her
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