| 词条 | Intersex rights in Nepal |
| 释义 |
| location_header = Nepal | image = Nepal (orthographic projection).svg | caption = Nepal | prohibit_harmful = No | reparations = No | discrimination_protections = Unclear | access_identification = | equality_men_women = | mf_identification = | third_identification = | marriage = }}{{Intersex sidebar}} In 2015, Nepal introduced constitutional recognition for "gender and sexual minorities".[1] Despite this, the rights situation of intersex people in Nepal (locally termed antarlingi)[1] is unclear. Local activists have identified human rights violations, including significant gaps in protection of rights to physical integrity and bodily autonomy, and protection from discrimination.[3] A first national meeting of intersex people look place in early 2016, with support from the UNDP.[4] History{{main|Intersex in history}}The Blue Diamond Society, established in 2001, seeks to represent LGBTI people in Nepal politically and has pursued political and social rights. On December 21, 2007 the Supreme Court ruled that a new democratic government must create laws to protect LGBTI rights and change existing laws that were tantamount to discrimination.[2][3] In September 2015, several articles mentioning the rights of gender and sexual minorities in the country's new constitution were approved by Parliament after lengthy deliberation. Amongst these:
The constitution went into effect on 20 September 2015.[4] These changes mean that Nepal is likely the most progressive country in South Asia, for LGBT rights.[5] Nevertheless, numerous difficulties are reported by intersex people in Nepal, including the right to change gender assignment, the right to bodily autonomy, and the right to health.[3][6] In February 2018, Asian intersex activists published the Statement of Intersex Asia and the Asian Intersex Forum, setting out local demands.[7] Intersex people are locally termed antarlingi.[1] Intersex issues in Nepal may often be thought to be third sex issues,[13] and the most well-known third-gender group in South Asia is perhaps the hijra. Serena Nanda writes that: "There is a widespread belief in India that hijras are born hermaphrodites [intersex] and are taken away by the hijra community at birth or in childhood, but I found no evidence to support this belief among the hijras I met, all of whom joined the community voluntarily, often in their teens."[8] This belief has an impact when infants are born. Warne and Raza argue that an association between intersex and hijra people is mostly unfounded but provokes parental fear about the possible future life of their child.[9] Physical integrity and bodily autonomy{{further|Intersex human rights|Intersex medical interventions}}Intersex persons are not protected from violations to physical integrity and bodily autonomy. A 2016 book of personal stories by intersex people from Nepal identifies a range of bodily autonomy and health issues, including "Intersex genital mutilation as a growing practice and lack of information and access to reproductive health information or care" and "Lack of access to necessary health care for those experiencing health difficulties as a result of their intersex variation".[10] In June 2016, the United Nations Committee on the Rights of the Child questioned the Nepalese government,[11] and identified concerns about: {{quotation|(a) The lack of awareness of issues related to intersex children in Nepal and the high levels of stigma and discrimination faced by intersex children; (b) The challenges faced by intersex children to access identity documents that correspond with the sex/gender identity of their choosing; and, (c) Cases of medically unnecessary surgeries and other procedures on intersex children before they are able to provide their informed consent, which often entail irreversible consequences and can cause severe physical and psychological suffering, and the lack of redress and compensation in such cases.[12]}}The Committee called for investigations of human rights violations, education of medical professionals, and access to redress.[12] Protection from discrimination{{main|Discrimination against intersex people}}While the 2015 constitution provides protection for sexual and gender minorities, disabled people, and minorities more generally, Esan Regmi has identified a number of issues facing intersex people in Nepal, including discrimination, and a lack of intersex-specific research and actions within Nepal's LGBTI movement. Access to marriage and inheritance rights are also concerns.[10] Identification documents{{main|Legal recognition of intersex people}}According to local intersex activists, intersex people are not able to change name or gender marker on Nepalese birth certificates, and also have difficulties in updating academic transcripts and citizenship certificates.[10] Rights advocacyOn February 8-9, 2016, and with the support of the UNDP and other organizations, the Blue Diamond Society hosted a first national meeting on intersex issues.[13][14] The meeting was led by Esan Regmi, with 13 participants from around Nepal. See also
References1. ^1 {{Cite web| publisher = United Nations Development Programme| last = United Nations Development Programme| title = Being LGBT in Asia: Nepal Country Report| location = Bangkok| date = 2014| url = http://asia-pacific.undp.org/content/rbap/en/home/operations/projects/overview/being-lgbt-in-asia/| deadurl = no| archiveurl = https://web.archive.org/web/20170824044452/http://www.asia-pacific.undp.org/content/rbap/en/home/operations/projects/overview/being-lgbt-in-asia/| archivedate = 2017-08-24| df = }} 2. ^365gay.com, "Nepal High Court Issues Landmark Gay Ruling," 21 December 2007 {{webarchive |url=https://web.archive.org/web/20071222154420/http://www.365gay.com/Newscon07/12/122107nepal.htm |date=22 December 2007 }} 3. ^Nepal court rules on gay rights {{webarchive|url=https://web.archive.org/web/20110805090027/http://news.bbc.co.uk/2/hi/south_asia/7156577.stm |date=2011-08-05 }} BBC News, 21 December 2007 4. ^{{cite news|url=https://www.bbc.com/news/world-asia-34275854|title=Nepal approves new constitution|date=17 September 2015|publisher=|accessdate=13 October 2016|via=www.bbc.com|deadurl=no|archiveurl=https://web.archive.org/web/20160804044221/http://www.bbc.com/news/world-asia-34275854|archivedate=4 August 2016|df=|work=BBC News}} 5. ^1 {{cite news | url = http://www.washingtonblade.com/2015/09/19/new-nepal-constitution-includes-lgbt-specific-protections/ | title = New Nepal constitution includes LGBT-specific protections | date = September 19, 2015 | first = Michael K. | last = Lavers | work = Washington Blade | deadurl = no | archiveurl = https://web.archive.org/web/20151121213009/http://www.washingtonblade.com/2015/09/19/new-nepal-constitution-includes-lgbt-specific-protections/ | archivedate = November 21, 2015 | df = }} 6. ^{{Cite web| last = Regmi| first = Esan| title = Growing up in Nepal| work = Intersex Day| accessdate = 2017-05-21| date = October 2016| url = http://intersexday.org/en/growing-up-nepal/| deadurl = no| archiveurl = https://web.archive.org/web/20170103184024/http://intersexday.org/en/growing-up-nepal/| archivedate = 2017-01-03| df = }} 7. ^{{Cite news| last = Intersex Asia| title = Statement of Intersex Asia and Asian intersex forum | accessdate = 2018-09-05| date = February 2018| url = https://www.astraeafoundation.org/stories/first-asian-intersex-forum/}} 8. ^Nanda, Serena. Neither Man Nor Woman: The hijras of India, p. xx. Canada: Wadworth Publishing Company, 1999 9. ^{{Cite journal| doi = 10.1007/s11154-008-9084-2| issn = 1389-9155| volume = 9| issue = 3| pages = 227–236| last1 = Warne| first1 = Garry L.| last2 = Raza| first2 = Jamal| title = Disorders of sex development (DSDs), their presentation and management in different cultures| journal = Reviews in Endocrine and Metabolic Disorders| date = September 2008| pmid=18633712| citeseerx = 10.1.1.469.9016}} 10. ^1 2 3 4 {{Cite book| last = Regmi| first = Esan| title = Stories of Intersex People from Nepal| location = Kathmandu| date = 2016| url = https://oii.org.au/wp-content/uploads/2016/04/Intersex-Stories-in-Nepal.pdf| deadurl = no| archiveurl = https://web.archive.org/web/20170422204413/https://oii.org.au/wp-content/uploads/2016/04/Intersex-Stories-in-Nepal.pdf| archivedate = 2017-04-22| df = }} 11. ^1 {{cite web | url = http://stop.genitalmutilation.org/post/Geneva-Nepal-Questioned-over-Intersex-Genital-Mutilations-by-UN-Committee-on-the-Rights-of-the-Child | title = TRANSCRIPTION > Nepal Questioned over Intersex Genital Mutilations by UN Committee on the Rights of the Child - Gov Denies + Deflects | work = Zwischengeschlecht | date = May 20, 2016 | deadurl = no | archiveurl = https://web.archive.org/web/20170624135500/http://stop.genitalmutilation.org/post/Geneva-Nepal-Questioned-over-Intersex-Genital-Mutilations-by-UN-Committee-on-the-Rights-of-the-Child | archivedate = June 24, 2017 | df = }} 12. ^1 {{Cite web| last1 = United Nations| last2 = Committee on the Rights of Child| title = Concluding observations on the third to fifth periodic reports of Nepal| location = Geneva| date = June 3, 2016| url = http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC/C/NPL/CO/3-5&Lang=en| deadurl = no| archiveurl = https://web.archive.org/web/20170729120520/http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC%2FC%2FNPL%2FCO%2F3-5&Lang=En| archivedate = July 29, 2017| df = }} 13. ^1 {{Cite web| last = Being LGBTI in Asia| title = The dawn of a national intersex movement: The first national intersex workshop in Nepal| work = Medium| accessdate = 2016-07-30| date = February 29, 2016| url = https://medium.com/being-lgbti-in-asia/the-dawn-of-a-national-intersex-movement-the-first-national-intersex-workshop-in-nepal-621e8d7a826e| deadurl = no| archiveurl = https://web.archive.org/web/20160822213712/https://medium.com/being-lgbti-in-asia/the-dawn-of-a-national-intersex-movement-the-first-national-intersex-workshop-in-nepal-621e8d7a826e| archivedate = August 22, 2016| df = }} 14. ^{{Cite web| last = UNDP in Asia and the Pacific| title = Being LGBTI in Asia| accessdate = 2016-07-30| date = July 30, 2016| url = http://www.asia-pacific.undp.org/content/rbap/en/home/operations/projects/overview/being-lgbt-in-asia.html| deadurl = no| archiveurl = https://web.archive.org/web/20160815114122/http://www.asia-pacific.undp.org/content/rbap/en/home/operations/projects/overview/being-lgbt-in-asia.html| archivedate = August 15, 2016| df = }} Bibliography
4 : Intersex rights in Nepal|Intersex rights in Asia|LGBT rights in Nepal|Nepalese law |
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