The CCRC notes that the government of Canada has enacted the Concluding Observation relating to intersex children in the new National 2SLGBTQI+ Action Plan.
The Concluding Observation from the 5th/6th Review noted:
“In light of the reports that the Canadian legislation allows unnecessary medical
interventions and surgical treatment on intersex children, the Committee recommends
that the State party:
(a) Amend its legislation, in particular section 268 (3) of the Criminal Code,
to ensure that intersex children are not subjected to unnecessary medical or surgical
treatment, in line with the rights of the child to bodily integrity, autonomy and self-
determination, and initiate a national consultation with intersex persons, including
children, to inform amendments to the Criminal Code to prohibit non-consensual and
medically unnecessary surgeries on intersex children;
(b) 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 victims of such treatment, including adequate
compensation;
(c) 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.”
We look forward to seeing the National Action Plan rolled out to ensure that intersex children enjoy the same rights as all children in Canada.