What is intersex status discrimination?

Intersex status discrimination happens when a person is treated less favourably because that person has physical, hormonal or genetic features that are:

  • a combination of female and male; or
  • neither wholly female nor wholly male; or
  • neither female nor male.

Direct intersex status discrimination happens when a person is treated less favourably than a person who is not intersex would be treated in the same or similar circumstances. For example, it may be direct discrimination for a physiotherapist to refuse to treat an intersex person because the person’s biological characteristics make the physiotherapist uncomfortable.

Indirect intersex status discrimination occurs when there is a requirement or practice that is the same for everyone but has an unfair effect on people who are intersex. For example, a policy that says that certain medical treatments, such as treatment for ovarian cancer, is only appropriate for women may disadvantage an intersex man who has male and female sex characteristics.

  • For more information about intersex status discrimination please see the Complaints under the Sex Discrimination Act: Intersex Status fact sheet.

If you would like to share your story or expriance with discrimination click here. or join to join the discussion Click here.

Source: Complaints under the Sex Discrimination retreved on 28/6/2017 from //www.humanrights.gov.au/complaints/complaint-guides/what-you-can-complain-about/complaints-under-sex-discrimination-act

These documents provide general information only on the subject matter covered. It is not intended, nor should it be relied on, as a substitute for legal or other professional advice. If required, it is recommended that the reader obtain independent legal advice. The information contained in these documents may be amended from time to time.

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Victor van der Meer

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