The Australian state of Victoria has passed a new law which protects intersex children from unnecessary irreversible medical procedures until they are old enough to make the decision for themselves. Victoria is the first Australian state to pass such legislation.

The passing of the legislation follows decades of advocacy from intersex and LGBTQ+ campaigners who have called for children to be protected from these surgeries until they are old enough to give informed consent.

The law will also see the formation of a panel consisting of medical experts and people with lived experiences to oversee the medical treatment plans for intersex children. Additionally, stricter guidelines on what constitutes a necessary surgery will come into effect, as well as increased support for intersex children and their families. Urgent care to protect life, health, or prevent pain will continue, as per standard medical protocol.

It is estimated that 1.7% of the world’s population is intersex, an umbrella term for those with variations in sex characteristics, including gonads, external genitals, hormones, chromosones and secondary sex characteristics. Intersex children are often subject to so-called “corrective” procedures, a practice that the United Nations has described as “a human rights violation that occurs without the informed consent of young patients”.

In addition to unnecessary procedures taking place without the informed consent of the patient, these surgeries can have harmful consequences, including scarring, chronic pain, urinary incontinence, loss of sexual sensation or function, psychological damage and incorrect gender assignment.

Intersex campaigners have welcomed the passing of Victoria’s bill, with Tony Briffa, the co-chair of InterAction for Health and Human Rights, describing it as a “historic step for the next generation”.

“I have carried the weight of decisions made about my body without my consent — choices that changed my life forever, and that could have waited until I was old enough to understand and speak for myself,” Briffa said in a statement. “It has taken years of pain and healing to reclaim who I am, unlearn the shame and finally understand that I was always enough. Our bodily differences are a natural part of human diversity. Surgical or hormonal interventions should proceed only where there is clear medical necessity — and where that need outweighs the risk of causing lifelong harm.”

Heather Corkhill, the legal director with Equality Australia, described the new legislation as “landmark reforms”.

“For far too long, intersex people have lived with the lifelong consequences of medical interventions that were not medically necessary — procedures that often cause irreversible physical and psychological harm,” Corkhill said. “These reforms introduce vital safeguards to ensure intersex children are not subjected to medical procedures that can be safely deferred, protecting their right to make deeply personal decisions about their own bodies when they are ready and able to do so.”

Last year, the Council of Europe adopted the Recommendation on Equal Rights for Intersex Persons. The document provides comprehensive guidance for member states to protect intersex people and prevent violations of their human rights.

Among the recommendations included in the document are laws to prohibit non-consensual medical interventions and ensure that any such interventions are postponed until the individual can give informed consent. Moreover, it recommends providing equitable access to healthcare, as well as policies to prevent violence, discrimination and exclusion of intersex persons across all areas of life.

While not legally binding, the implementation of the Recommendation by member states will be closely monitored by the Committee of Ministers. This means that states will be expected to demonstrate they are taking action to align their legislation with the recommended measures.