One of the other major stumbling blocks when it comes to the correct identification and registration of an applicant and their reason for seeking international protection – which is the term ‘intersex’.

This challenge relates to not only the use of correct terminology and interpretation/translation of the term ‘intersex’, but also has to do with the way that intersex persons self-identify using terms or words to describe being intersex that may differ from what asylum authorities have learnt or are aware of.

The fact that intersex people may use different terms to speak about being intersex, or to self-describe their experience, can create significant barriers for them in the asylum process. These persons may, for example, identify with the medical diagnoses they were given by a doctor in their country of origin, or they may identify with other terms, (which are considered outdated by the international human rights movement) such as ‘hermaphrodite’. In such situations, asylum authorities need to be able to successfully recognise the person as being ‘intersex’, whilst at the same time fostering an open environment where persons are not made to feel that the way they identify or self-describe is ‘wrong’. Under no circumstance should the intersex person be told that they ‘cannot call themselves’ as such, or be forced to use another word to speak about themselves and their experience.

Furthermore, some intersex persons may not use any specific term, but may describe their physical reality/experience, or past physical experiences. In such cases, asylum authorities also need to be able to correctly identify the person as intersex, or as seeking international protection on the grounds of their sex characteristics.

These situations may very often be exacerbated by difficulties that arise when translators and interpreters are not educated on intersex issues, mis-translate what applicants say or who may be intersexphobic.

Legal gender recognition is often addressed as only pertaining to the situation of trans people, however for some intersex persons, being able to access legal recognition procedures is essential, as it impacts on their access to many different essential services (healthcare, education, employment) and often these intersecting issues are not well addressed. In countries where such legal gender recognition procedures exist and are accessible to intersex people, ensuring access to them is crucial.

Persons conducting the asylum interviews need to be a person sensitised to intersex issues or an LGBTIQ-sensitive person with knowledge about the special needs and challenges of intersex people/people with a variation of sex characteristics.

Here a few examples of existing issues and challenges in regards to intersex minors and their families:

• Intersex minors/ minors with a variation of sex characteristics:
  • May have experienced pressure from medical doctors to undergo non-vital, non-consensual medical, surgical and/or hormonal treatments because of being intersex / having a variation of sex characteristics
  • May have experienced pressure from family members to undergo these harmful medical practices
  • May have been exposed to IGMMay NOT have been exposed to IGMMay have experienced threats and pressure from religious groups, actors or other community leaders
  • May have experienced bullying and violence from peers at school, or from teachers
• Parents/families of intersex minors / minors with a variation of sex characteristics:
  • May be at serious risk of being encouraged by family members or the community to abandon or kill their intersex child/child with a variation of sex characteristics
  • May have experienced pressure from medical doctors to subject their intersex child to non-vital, non-consensual medical, surgical and/or hormonal treatments, including IGM, because their child is intersex / has a variation of sex characteristics
  • May have experienced pressure from family members to have their intersex child undergo these harmful medical practices

Intersex refugees and asylum seekers require support and guidance

• during the arrival process
• during the assessment of asylum application
• during the integration process.

All asylum authorities, staff working within the asylum procedure – as well as social actors, social welfare officers and organisations working with refugees – should be sensitised to and aware of the specific sensitive approaches to adopt when interacting with and supporting intersex refugees.

Because of their role as the first contact point between intersex refugees and asylum seekers, asylum authorities, for example, need to be especially aware of the needs and the challenges faced by intersex people, so that they can ensure that interactions with intersex people do not cause further harm and make them feel safe and supported. Once their asylum application has been granted, social welfare officers, who accompany intersex persons, need to be aware of the specific remaining challenges intersex refugees may still face as they settle into their new home.

It is crucial that asylum authorities guarantee that those providing interpretation and translation are equally aware of the different terms and words that exist in the target language and the language of translation, to ensure the accurate relay of information between the applicant and the asylum authority about how the applicant is self-describing and self-identifying. This also includes training interpreters to treat intersex asylum applicants in a respectful manner, since the interpreter or translator may have been specifically recruited from the same ethno-linguistic community as the asylum claimant themself, and as a result may display negative implicit bias, which could impact the way the intersex asylum applicant’s claim is understood. In order to facilitate appropriate use of terminology we recommend that interpreters seek training by intersex-led NGOs where available.