Law and silence of intersex status: a threat to human rights in Botswana

Abstract

The topic seeks to investigate the legal recognition of intersex persons in Botswana. The researcher will analyse domestic laws, regional and international laws in trying to locate whether intersex persons in Botswana are equally protected by law. In locating such a place, since intersex has been mainly medicalised and pathologised across the world, an assessment will be made into the health provisions of intersex persons and the health policies and laws in Botswana. An intersection of the health aspects and the right to fundamental human rights, non-discrimination based on sex, as enshrined in the constitution and equality as has been defined by the domestic and regional courts, will be used as a guide to advocate for the rights of intersex persons in Botswana. The researcher will conclude that Botswana has a track record of judicial activism, by way of case law on minority rights hence intersex persons can be protected in the absence of specific laws. The findings of the qualitative research conducted among civil society organisations, will be used to inform the narrative on activism and awareness of intersex human rights issues. It will be concluded that civil society with robust and effective lobbying strategies can be used to inform policy and law reform for intersex human rights. The strategies employed can locate the space at national policy level to accelerate the rights of intersex persons. Recommendations drawn will guide organisations, health professionals and policy makers in addressing and promoting intersex human rights issues locally.