The People’s Matrix Association Condemns Parliamentary Decision Permitting Non-Consensual Surgeries on Intersex Children
Date: 26 November 2024 Maseru, Lesotho –
The People’s Matrix Association strongly condemns the recent parliamentary decision permitting doctors to perform surgeries on intersex children. This decision flagrantly violates Lesotho’s constitutional principles, regional and international human rights commitments, and fundamental values of dignity, bodily integrity, and self-determination.Intersex children are not inherently “wrong” or in need of correction. Their natural diversity should be respected, and they must be given the opportunity to make decisions about their own bodies when they reach an age of understanding. Medical interventions framed as “corrective surgeries” not only perpetuate harmful stereotypes but also deny intersex children their right to self-determination. Asking doctors to validate such surgeries reinforces systemic discrimination and violates the ethical principle of “do no harm.”
Human Rights Violations
The decision to allow non-consensual surgeries on intersex children contravenes the following legal and ethical principles:
Constitution of Lesotho:
Dignity: Section 4 guarantees the right to dignity for all. Forcing surgeries on intersex children undermines this principle.
Protection from Degrading Treatment: Section 8 prohibits inhuman or degrading treatment. These surgeries, which often cause physical and psychological harm, breach this safeguard.
Regional Human Rights Standards:
African Charter on Human and Peoples’ Rights (ACHPR):
Articles 2 and 5 protect against discrimination and inhuman treatment. Resolutions 275 and 552 specifically call for the prohibition of non-consensual medical procedures on intersex individuals.
African Charter on the Rights and Welfare of the Child:
Article 4 mandates that children’s best interests must guide all actions concerning them.
International Human Rights Treaties:
Convention on the Rights of the Child (CRC):
Articles 3, 19, and 24 prioritize children’s best interests, protection from harmful practices, and access to appropriate healthcare.
International Covenant on Civil and Political Rights (ICCPR):
Article 7 prohibits cruel, inhuman, or degrading treatment.
International Covenant on Economic, Social, and Cultural Rights (ICESCR): Article 12 ensures the right to the highest attainable standard of health, including informed consent for medical interventions.
Irreversible Harm and Systemic Discrimination
Non-consensual surgeries on intersex children frequently result in irreversible physical and psychological harm, including incontinence, infertility, loss of sexual sensation, and severe trauma. These procedures are not only medically unnecessary but also perpetuate systemic discrimination and deny intersex individuals their right to equality and protection under the law.
Intersex children must be left alone to grow and develop in their natural state. It is only when they are of age and able to make informed decisions about their bodies that any medical interventions, if desired, should be considered.
Demands for Immediate Action
The People’s Matrix Association calls on the government of Lesotho to:
Enact a Moratorium: Immediately halt all non-consensual and medically unnecessary surgeries on intersex children.
Implement Protective Legislation: Pass laws banning such surgeries and ensuring medical interventions are performed only when medically necessary and with informed consent.
Promote Awareness and Education: Educate the public and healthcare professionals about intersex rights, the harms of unnecessary medical interventions, and the importance of respecting bodily autonomy.
Engage Stakeholders: Develop policies with input from intersex individuals, families, and advocacy organizations.
Align with Global Standards: Ensure compliance with the ACHPR, Resolutions 275 and 552, CRC, ICCPR, and ICESCR.
Call to Action
The People’s Matrix Association urges the government of Lesotho to reconsider its position and adopt a human rights-based approach to intersex individuals. Intersex children deserve the right to grow and develop free from medical interventions that are not medically necessary. Lesotho must fulfill its moral and legal obligations to protect its most vulnerable citizens, uphold their dignity, and respect their bodily autonomy.
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