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In law, sex characteristic refers to an attribute defined for the purposes of protecting individuals from discrimination due to their sexual features. The attribute of sex characteristics was first defined in national law in
Malta Malta ( , , ), officially the Republic of Malta ( mt, Repubblika ta' Malta ), is an island country in the Mediterranean Sea. It consists of an archipelago, between Italy and Libya, and is often considered a part of Southern Europe. It lies ...
in 2015. The legal term has since been adopted by
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmonizi ...
, European, and Asia-Pacific institutions, and in a 2017 update to the
Yogyakarta Principles The Yogyakarta Principles is a document about human rights in the areas of sexual orientation and gender identity that was published as the outcome of an international meeting of human rights groups in Yogyakarta, Indonesia, in November 2006. Th ...
on the application of international human rights law in relation to
sexual orientation Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generally s ...
,
gender identity Gender identity is the personal sense of one's own gender. Gender identity can correlate with a person's assigned sex or can differ from it. In most individuals, the various biological determinants of sex are congruent, and consistent with the ...
,
gender expression Gender expression, or gender presentation, is a person's behavior, mannerisms, interests, and appearance that are associated with gender, specifically with the categories of femininity or masculinity. This also includes gender roles. These cate ...
and sex characteristics.


Physical attributes

Physical sex characteristics include primary sex characteristics and
secondary sex characteristics Secondary sex characteristics are features that appear during puberty in humans, and at sexual maturity in other animals. These characteristics are particularly evident in the sexually dimorphic phenotypic traits that distinguish the sexes of a sp ...
. A primary sexual characteristic, as narrowly defined, is any anatomical part of the body involved in
sexual reproduction Sexual reproduction is a type of reproduction that involves a complex life cycle in which a gamete ( haploid reproductive cells, such as a sperm or egg cell) with a single set of chromosomes combines with another gamete to produce a zygote tha ...
and constituting the
reproductive system The reproductive system of an organism, also known as the genital system, is the biological system made up of all the anatomical organs involved in sexual reproduction. Many non-living substances such as fluids, hormones, and pheromones are al ...
in a complex organism, especially the external
sex Sex is the trait that determines whether a sexually reproducing animal or plant produces male or female gametes. Male plants and animals produce smaller mobile gametes (spermatozoa, sperm, pollen), while females produce larger ones (ova, ...
organs; the external sex organs are also commonly referred to as the genitalia or genitals. Secondary sex characteristics are features that appear at
sexual development Puberty is the process of physical changes through which a child's body matures into an adult body capable of sexual reproduction. It is initiated by hormonal signals from the brain to the gonads: the ovaries in a girl, the testes in a boy. In ...
/
sexual maturity Sexual maturity is the capability of an organism to reproduce. In humans it might be considered synonymous with adulthood, but here puberty is the name for the process of biological sexual maturation, while adulthood is based on cultural definitio ...
in any animal species (including
human Humans (''Homo sapiens'') are the most abundant and widespread species of primate, characterized by bipedalism and exceptional cognitive skills due to a large and complex brain. This has enabled the development of advanced tools, culture, an ...
s), especially the
sexually dimorphic Sexual dimorphism is the condition where the sexes of the same animal and/or plant species exhibit different morphological characteristics, particularly characteristics not directly involved in reproduction. The condition occurs in most anim ...
phenotypic trait A phenotypic trait, simply trait, or character state is a distinct variant of a phenotypic characteristic of an organism; it may be either inherited or determined environmentally, but typically occurs as a combination of the two.Lawrence, Eleano ...
s that distinguish the
sex Sex is the trait that determines whether a sexually reproducing animal or plant produces male or female gametes. Male plants and animals produce smaller mobile gametes (spermatozoa, sperm, pollen), while females produce larger ones (ova, ...
es of a species, but that, unlike the
sex organ A sex organ (or reproductive organ) is any part of an animal or plant that is involved in sexual reproduction. The reproductive organs together constitute the reproductive system. In animals, the testis in the male, and the ovary in the female, a ...
s, are not directly part of the
reproductive system The reproductive system of an organism, also known as the genital system, is the biological system made up of all the anatomical organs involved in sexual reproduction. Many non-living substances such as fluids, hormones, and pheromones are al ...
.


Legal attribute

Sex characteristics is a term used in law and in human rights frameworks. The term was first used in Malta in 2015, when the country enacted legal protections from discrimination and forced medical procedures on grounds of sex characteristics. The Gender Identity, Gender Expression and Sex Characteristics Act defined sex characteristics as: In November 2017, the
Yogyakarta Principles The Yogyakarta Principles is a document about human rights in the areas of sexual orientation and gender identity that was published as the outcome of an international meeting of human rights groups in Yogyakarta, Indonesia, in November 2006. Th ...
were expanded to include new principles and new attributes of sex characteristics and gender identity. The supplement noted that the new "explicit ground for protection from violations of human rights has evolved in international jurisprudence".Yogyakarta Principles plus 10
Sex characteristics is defined as: In 2015, the
Fundamental Rights Agency The European Union Agency for Fundamental Rights, usually known in English as the Fundamental Rights Agency (FRA), is a Vienna-based agency of the European Union inaugurated on 1 March 2007. It was established by Council Regulation (EC) No 168/20 ...
published a comparative legal analysis on protection against discrimination on grounds of sexual orientation, gender identity and sex characteristics in the EU. In 2016, the
Asia Pacific Forum The Asia Pacific Forum (APF) is one of four regional networks of national human rights institutions (NHRIs) within the International Co-ordinating Committee of NHRIs. The APF formerly accredited NHRIs for compliance with the United Nations' Pari ...
of
National Human Rights Institutions A national human rights institution (NHRI) is an independent state-based institution with the responsibility to broadly protect and promote human rights in a given country. The growth of such bodies has been encouraged by the Office of the United ...
(AFP) manual on Promoting and Protecting Human Rights in relation to
Sexual Orientation Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generally s ...
,
Gender Identity Gender identity is the personal sense of one's own gender. Gender identity can correlate with a person's assigned sex or can differ from it. In most individuals, the various biological determinants of sex are congruent, and consistent with the ...
and Sex Characteristics. The document provides an analysis of human rights issues, including the rights to physical integrity, non-discrimination, effective remedies and redress, and recognition before the law.


Intersex people

The Maltese Act that introduced the term was widely welcomed internationally by civil society organizations as it offered protections to intersex people for the first time. The Act was later followed by a report by the
Commissioner for Human Rights The Commissioner for Human Rights is an independent and impartial non-judicial institution established in 1999 by the Strasbourg-based Council of Europe, to promote awareness of and respect for human rights in the council's 46 member states. The ...
of the
Council of Europe The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold human rights, democracy and the rule of law in Europe. Founded in 1949, it has 46 member states, with a ...
that recognized that sex characteristics are distinct from a person's
sexual orientation Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generally s ...
and
gender identity Gender identity is the personal sense of one's own gender. Gender identity can correlate with a person's assigned sex or can differ from it. In most individuals, the various biological determinants of sex are congruent, and consistent with the ...
. In a wide-ranging analysis on
intersex human rights Intersex people are born with sex characteristics, such as chromosomes, gonads, or genitals, that, according to the UN Office of the High Commissioner for Human Rights, "do not fit typical binary notions of male or female bodies." Intersex peo ...
and health issues, the Council of Europe published an ''Issue Paper'' entitled ''Human rights and intersex people'' in May 2015. In the Issue Paper, the Council's
Commissioner for Human Rights The Commissioner for Human Rights is an independent and impartial non-judicial institution established in 1999 by the Strasbourg-based Council of Europe, to promote awareness of and respect for human rights in the council's 46 member states. The ...
recommended that Member States of the Council of Europe protect intersex citizens on grounds of "sex characteristics", or otherwise protect intersex persons on grounds of
sex or gender Though the terms '' sex'' and ''gender'' have been used interchangeably since at least the fourteenth century, in contemporary academic literature they usually have distinct meanings. ''Sex'' generally refers to an organism's biological sex, while ...
: In 2015, the United Nations published a fact sheet using the term sex characteristics to define intersex: This was followed by a public statement by UN and regional human rights experts in 2016 utilizing a similar definition. In September 2015, Zeid Ra'ad Zeid Al-Hussein, the
United Nations High Commissioner for Human Rights The Office of the United Nations High Commissioner for Human Rights, commonly known as the Office of the High Commissioner for Human Rights (OHCHR) or the United Nations Human Rights Office, is a department of the Secretariat of the United Nati ...
, opened an Expert meeting on ending human rights violations against intersex persons stating: In 2017,
Amnesty International Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and sup ...
published a report condemning "non-emergency, invasive and irreversible medical treatment with harmful effects" on children born with variations of sex characteristics in Germany and Denmark. It found that surgeries take place with limited psychosocial support, based on gender stereotypes, but without firm evidence. Amnesty International reported that "there are no binding guidelines for the treatment of intersex children".


See also

*
Discrimination against intersex people Intersex people are born with sex characteristics, such as chromosomes, gonads, or genitals that, according to the UN Office of the High Commissioner for Human Rights, "do not fit typical binary notions of male or female bodies". "Because th ...
*
Legal recognition of intersex people Intersex people are born with sex characteristics, such as chromosomes, gonads, or genitals that, according to the United Nations Office of the High Commissioner for Human Rights, "do not fit typical binary notions of male or female bodies". Ac ...


References

{{Discrimination, state=collapsed Intersex rights Human rights by issue Discrimination Legal terminology