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Dokument CAT/C/DNK/CO/6-7

Committee against Torture, Concluding observations on the combined sixth and seventh periodic reports of Denmark (4. Feb. 2016)

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Afsnit 42 Under emnet: Intersex Persons 42. While taking note of the information provided by the delegation on the decision making process related to treatment of intersex children, the Committee remains concerned at reports of unnecessary and irreversible surgery and other medical treatment with lifelong consequences to which intersex children have been subjected before the age of 15, when their informed consent is required. The Committee is further concerned at hurdles faced by these persons when seeking redress and compensation in such cases (arts. 14 and 16).

43. The State party should:

(a) Take the necessary legislative, administrative and other measures to guarantee the respect for the physical integrity and autonomy of intersex persons and ensure that no one is subjected during infancy or childhood to unnecessary medical or surgical procedures;

(b) Guarantee counselling services for all intersex children and their parents, so as to inform them of the consequences of unnecessary surgery and other medical treatment;

(c) Ensure that full, free and informed consent is respected in connection with medical and surgical treatments for intersex persons and that non-urgent, irreversible medical interventions are postponed until a child is sufficiently mature to participate in decision-making and give full, free and informed consent;

(d) Provide adequate redress for the physical and psychological suffering caused by such practices to intersex persons

Dokument CRC/C/DNK/CO/5

Committee on the Rights of the Child, Concluding observations on the fifth periodic report of Denmark (26. Okt. 2017)

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Para 24, Under emnet: Harmful Practice/ Skadelig praksis.

In view of ongoing surgical interventions on intersex children, the Committee recommends that the State party:

(a) Ensure that no one is subjected to unnecessary medical or surgical treatment during infancy or childhood, guarantee bodily integrity, autonomy and selfdetermination for the children concerned and provide families with intersex children with adequate counselling and support;

(b) Develop and implement a child rights-based health-care protocol for intersex children, setting out the procedures and steps to be followed by health teams;

(c) 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 child victims of such treatment, including adequate compensation;

(d) 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.

Dokument E/C.12/DNK/CO/6

Committee on Economic, Social and Cultural Rights, Concluding observations on sixth periodic report of Denmark (12. Nov. 2019)

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Para 64, Under emnet: Intersex Children

64. The Committee is concerned that the definition of “disorders (differences) of sex development” in the State party’s legislation does not contain all elements of the definition of “intersex”. It is also concerned at reports that medically unnecessary procedures continue to be performed on intersex children (arts. 10 and 12).

65. The Committee recommends that, in the implementation of the 2018–2021 National Action Plan on lesbian, gay, bisexual, transgender and intersex persons, the State party:

(a) Replace in its legislation the concept of “disorders (differences) of sex development” with a definition of intersex person in which differences in sex characteristics include genitals, gonads and chromosome patterns;

(b) Ensure that, in practice, medically unnecessary procedures on the sex characteristics of intersex children are not performed until the children are capable of forming their own views and can give their informed consent;

(c) Train health-care personnel on the health needs and human rights of intersex persons, including their right to autonomy and physical integrity;

(d) Ensure that, in addition to the information material for parents of intersex children to be published by the Danish Health Authority, intersex persons and their families receive adequate counselling and support, including from peers;

(e) Identify and investigate human rights violations against intersex persons in the context of the examination of the living conditions of intersex persons to be conducted in 2020;

(f) Ensure that intersex persons and organizations continue to be consulted and participate in the development of research, legislation and policies that impact on their rights

Dokument CAT/C/DNK/CO/8

Committee against Torture, Concluding observations on the eighth periodic report of

Denmark (8. Dec. 2023)

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Punkt 32 under emnet: Intersex persons

32.The Committee is concerned over reports that unnecessary and irreversible surgery and other medical treatments are performed on intersex children without their informed consent and that intersex adults in need of gender-affirming care who disagree with their assigned gender at birth experience discrimination in treatment when compared with intersex persons who access medical care based on their originally assigned gender (arts. 2, 11–14 and 16).

33. The State party should ensure that its legislation, which prohibits irreversible surgical operations that are performed on intersex children for cosmetic reasons, is adequately enforced and should conduct studies into this matter in order to better understand and approach it. The parents or guardians of intersex children should receive impartial counselling services, psychological and social support and information, including information on the possibility of deferring any decision on treatment until it can be carried out with the full, free and informed consent of the person s concerned. All persons who experience severe pain and suffering as a result of unnecessary medical procedures conducted without their consent should have access to effective remedies. The State party should also ensure that all intersex persons receive the same level of specialized care, regardless of their conformity with the gender they were assigned at birth or place of residence.