Interrogating the promotion, protection and provision of the rights of intersex children in Zimbabwe

Abstract

Intersex children/people all around have at least been victims of human rights violations, stigma, stereotype and discrimination at some point in their lives whether they have been aware of it or not. This unfair treatment has resulted in structural violence that has resulted in intersexuality being viewed as shameful and private. Children as a result have faced a number of challenges particularly emanating from lack of political will from Duty bearers. This study looked into the legal framework in a bid to assess the extent to which it promotes, protects and provides for the rights of intersex children/people and in doing so highlighted some structural and systemic barriers that make it difficult for intersex children to enjoy without prejudice their fundamental human rights. 31 people were interviewed and among them 9 were key informants, 9 children and 13 parents. Two theories informed this study, namely the Child Rights Based Approach and the Sexual Hierarchy Theory. The findings reveal there is a myriad of interconnected challenges intersex children face and these include among many lack of legal registration, a gendered legal system and child on child abuse. From these findings, the main recommendation posed by the researcher was the need for government to legally acknowledge the existence of intersex children/people by establishing a third sex/gender identity.