FINLAND-SOGI-TBs-CAT

Country: Finland

Issue: SOGI

Human rights mechanism: Treaty bodies

Treaty body: Committee Against Torture (CAT)

Concluding Observations on Report 8 (2024) (Link)

Transgender and intersex persons

44. While noting the adoption of the Act on Legal Recognition of Gender, which abolishes the requirements for medical examinations and sterilization, and the action plan on equal opportunities for lesbian, gay, bisexual, transgender and intersex persons in Åland society, the Committee is concerned that consenting transgender children may be unable to access the procedure for legal gender recognition. It is also concerned about reports of cases of unnecessary surgery and other medical treatment with lifelong consequences, including severe pain and suffering, to which intersex children have been subjected before reaching an age at which they are able to provide their free, prior and informed consent. It is further concerned about the inadequate provision of support and counselling for the families of intersex children and of redress and rehabilitation for victims (arts. 2 and 16).

45. The State party should:

(a) Consider extending access to the procedure for legal gender recognition to transgender children who are of sufficient age or maturity to make their own decisions and provide free, prior and informed consent, in line with international human rights norms and standards on the rights of the child, respect for physical and psychological integrity, freedom of expression, autonomy, the right to be heard and the right to identity;

(b) Consider adopting legislative provisions that explicitly prohibit the performance of non-urgent and non-essential medical or surgical treatment on intersex children before they are of sufficient age or maturity to make their own decisions and provide free, prior and informed consent;

(c) Ensure independent oversight of decision-making to ensure that medical treatments for children with intersex traits who are unable to consent are necessary and urgent and the least invasive option;

(d) Provide redress to victims of non-urgent and non-essential treatment, including appropriate compensation and rehabilitation, and ensure that all intersex children and adolescents and their families receive professional counselling services and psychological and social support.

Concluding Observations on Report 7 (2016) (Link)

[no mention]

Concluding Observations on Report 5-6 (2011) (Link)

24. While taking note with satisfaction that the State party committed itself to making the recommendations made under the universal periodic review an integral part of its Government’s comprehensive human rights policy, the Committee would appreciate receiving information regarding the measures in force to prevent violence against women, compile information on violence against children, provide the same coverage in national legislation and anti-discrimination training activities on grounds of sexual orientation and disability as for other grounds of discrimination in areas such as the provision of services and health care and to consider using the Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity as a guide to assist in the development of its policies.

FINLAND-SOGI-TBs-CAT

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