An intersex person is born with a variety of sex or reproductive organ characteristics that aren’t traditionally considered within what would medically be defined as male and female sex and reproductive organs. Although the person/may have been born intersex, the respective biological characteristics may begin to present themselves at different stages of an intersex person’s life. The impact of this is that as intersex people develop, they experience significant challenges in terms of their appearance and gender identity.

The Commission notes that intersex children’s rights can be violated in the early phases of their life. From as early as the first days of an Intersex child’s life, parents are confronted with decisions about the physical features pertaining to the sex of the child. However, ill-informed decisions at this stage are more likely to have a long-term impact on the physical and well-being of the Intersex child.

The pamphlet ‘Intersex Children: Guide for Parents’ is a means of promoting these rights and empowering the parents and guardians of intersex children with the full information to best support their children. 

This launch included a distinguished panel comprised of intersex persons as well as activists, practitioners, and leaders who have been championing the rights of intersex persons. Panellists included  Former Deputy Minister of Justice and Constitutional Development Mr Jeffery, who has been instrumental in the  development of legislation aimed at promoting and protecting the rights of the LGBTQIA+ communities and  the adoption of non-binary language in legislation; Advocate  Lethlogonolo Mokgoroane who has been a vocal LGBTQIA+ activist and leading legal practitioner who reminded us that the LGBTQIA+ community is not monolithic and commended the specific focus on the situation of intersex children; of ; Thiruna Naidoo who is a project officer with Outright International on their Africa Project and who reminded attendees that “conversion practices”- harmful practices aimed at diverting, suppressing or changing a person’s sexual orientation, gender identity and gender expression  and Crystal Hendricks who has served as the Chair of the ILGA World Intersex Steering Committee and is a current Advisory Board member of the Intersex Human Rights Fund and has played an instrumental role in the development of this pamphlet in consultation with other civil society partners.

The panel sensitised the SAHRC on a wide range of issues and human rights violations affecting intersex persons, including intersex genital mutilation, harmful cultural practices that affect intersex persons, infanticide (the intentional killing of an infant or young offspring who is deemed to be different), the need for gender-affirming health care, and the intersectional discrimination faced by intersex persons.

In early 2025, the SAHRC in partnership with the Department of Health will disseminate this guide at healthcare facilities. This dissemination will be accompanied with engagements with medical practitioners, parents and guardians, communities, and civil society partners.

The Commission is determined to actively participate in addressing any potential human right violations against intersex persons, as such, the Commission was granted leave to intervene in the Caster Semenya v Switzerland case as a third-party intervener, or friend of the court. The case before the Grand Chamber was referred by Switzerland after the judgment handed down by the European Court of Human Rights in July 2023. The judgment found in favour of Semenya, indicating that her rights, as enshrined in the European Convention for Human Rights, to non-discrimination, respect for private life, and to an effective remedy had been violated.

The SAHRC looks forward to continuing to work with stakeholders for the realisation of the rights of intersex persons in South Africa. Further details on the dissemination of the pamphlet and related engagements will be communicated in due course.

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ISSUED BY THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION

For further information or inquiries, please contact Given Makhuvele on 082 773 4428 or This email address is being protected from spambots. You need JavaScript enabled to view it..