The blurred distinction between therapeutic and non-therapeutic medical interventions for intersex children in Australia

Abstract

The international community’s response to intersex children’s issues lacks consensus, particularly in the context of medical interventions. Some States prohibit non-consensual genital normalising surgeries, while others encourage this harmful practice. This article employs a human rights lens to analyse and critique Australia’s inaction regarding unnecessary medical interventions on intersex children. It demonstrates that Australia’s current distinction between therapeutic and non-therapeutic medical interventions is underpinned by outdated gender essentialist attitudes, which irrationally characterise variations of sex characteristics as disorders. It examines models of reform adopted internationally to shape recommendations for Australia. This article implores the Australian Government to take legislative action to protect the rights of intersex children, in line with its obligations under international law.