In a landmark moment for the intersex rights movement, the collaborative efforts of Intersex Asia and Campaign for Change Nepal have yielded significant progress at the international level. Through a powerful joint submission to the Committee on the Elimination of Discrimination against Women (CEDAW) and the impactful advocacy of Esan Regmi, Chair of Intersex Asia, the specific human rights concerns of intersex individuals in Nepal have been explicitly recognized in the Committee’s concluding observations on Nepal’s seventh periodic report.
This pivotal outcome is a direct result of sustained and coordinated advocacy. Intersex Asia and Campaign for Change Nepal joined forces to present a comprehensive picture of the challenges faced by intersex individuals, particularly women, in Nepal. Their joint NGO submission to the CEDAW Committee detailed critical issues such as the lack of legal protections, constitutional ambiguities, difficulties in legal documentation, violence and discrimination, harmful medical interventions, and exclusion from various aspects of social and economic life. This collaborative approach ensured that the lived realities and specific needs of intersex people were brought directly to the attention of the CEDAW Committee.
Building on this crucial written submission, Intersex Asia proudly supported the in-person participation of its Chair, Esan Regmi, in the CEDAW session. Esan’s powerful statement not only highlighted the distinct struggles of intersex persons but also their shared challenges with lesbian, bisexual, and transgender (LBT) women in Nepal. He eloquently spoke about the irreversible harm caused by unnecessary surgeries on intersex children, the staggering 91% of intersex women reporting violence, and the systemic discrimination faced in education, employment, and healthcare. Esan’s presence and advocacy ensured that the voices of intersex individuals were heard directly by the Committee, amplifying the urgency of addressing these human rights violations.
The culmination of these efforts is the significant win for the intersex movement reflected in the CEDAW’s concluding observations on Nepal. For the second time, the CEDAW Committee has specifically addressed the human rights situation of intersex individuals in its recommendations to the Government of Nepal. The CEDAW Committee’s concluding observations include several key points specifically concerning intersex individuals:
- The Committee expresses concern at the absence of comprehensive anti-discrimination legislation to protect disadvantaged and marginalized groups of women, including “lesbian, bisexual, transgender and intersex women” facing intersecting forms of discrimination.
- The Committee notes with concern “Reported cases of medically unnecessary and irreversible surgery and treatment performed on intersex children, including girls, and on girls with disabilities”.
- The Committee recommends that the State party adopt comprehensive legislation to ensure that all forms of gender-based violence against women are specifically criminalized, taking into account the special protection needs of disadvantaged and marginalized groups of women, including “lesbian, bisexual, transgender and intersex women”.
- The Committee also recommends ensuring adequate access to health services for all women and girls, including “lesbian, bisexual, transgender and intersex women”.
- The Committee further notes with concern reports of discrimination, ill-treatment, abuse, and obstetric violence, especially against “lesbian, bisexual, transgender and intersex women”.
- In a particularly significant recommendation, the Committee urges Nepal to “Prohibit non-essential medical or surgical interventions on intersex children, including girls, before they are of sufficient age or maturity to take autonomous decisions and give their free, prior and informed consent; adopt and implement human rights-based health-care protocols for intersex children, including girls, that uphold their autonomy and physical integrity, and ensure that intersex children and their families have access to free legal assistance, medical and psychosocial services”.
- The Committee also includes “lesbian, bisexual, transgender and intersex women” in the list of disadvantaged groups for whom temporary special measures should be considered to ensure meaningful participation in all areas of life.
This explicit and detailed attention to intersex issues in the CEDAW concluding observations is a direct result of the dedicated advocacy efforts of Intersex Asia and Campaign for Change Nepal, amplified by Esan Regmi’s powerful voice. It represents a crucial step towards legal and social recognition, protection from harmful practices, and the advancement of human rights for intersex individuals in Nepal and sets a vital benchmark for the region.
Campaign for Change and Intersex Asia remain committed to working with the Nepalese government and other stakeholders to ensure the full implementation of these recommendations, paving the way for a more just and equitable future for all intersex people.
