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Intersex rights in Nepal

Intersex rights in Nepal Nepal
Nepal (orthographic projection).svg
Nepal
Protection of physical integrity and bodily autonomy No
Reparations No
Protection from discrimination Unclear
Rights by country

In 2015, Nepal introduced constitutional recognition for "gender and sexual minorities". Despite this, the rights situation of intersex people in Nepal (locally termed antarlingi) 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. A first national meeting of intersex people look place in early 2016, with support from the UNDP.

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. 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. These changes mean that Nepal is likely the most progressive country in South Asia, for LGBT rights. 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.

Intersex people are locally termed antarlingi.

Intersex issues in Nepal may often be thought to be third sex issues, 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." 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.

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".


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