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When the law and the knife decide too soon - On intersex persons, the pain of early choices, and why the law must protect them

2 hrs ago | 99 Views
There are children born with two songs in one chest.
In hospitals they are called intersex. In old books, hermaphrodite. the two-in-one."
The Difference Between Gay and Intersex. 

Intersex is about how a person is born. An intersex person, or  is born with male and female biological features hermaphrodite. It is about the body chromosomes, hormones, or genitals.
Gay is about who a person loves. A gay person is a male who is attracted to other males, or a female attracted to other females. It is about relationships and feelings.
So, intersex is about biology at birth. Gay is about love and attraction. One does not cause the other.

So intersex are not a curse. They are not a headline. They are our daughters, our sons, our neighbors.

And for too long, we have asked doctors and forms to decide who they must be before they can even speak.

THE PROBLEM: WHEN DOCTORS ARE FORCED TO CHOOSE
Our Births and Deaths Registration Act says every baby must have a birth certificate in 42 days. Boy or Girl. No third box. No "let's wait."

Because of that deadline, doctors are put under pressure to pick. Often with tests that are not yet clear. And when the choice is made, a surgery follows - to remove the "less dominant" organ so the baby can "fit" into male or female.

But what if the guess is wrong?

TOUCHING STORIES WE MUST NOT IGNORE
These are true stories, but they are the stories families live with in silence:

1. The Boy Who Bled at 12
Let's call him Tino.
Born in a rural clinic, Tino had both male and female features. The doctor said the male parts looked stronger. At 3 months old, the female tissue was removed so Tino could "be a boy" and get a birth certificate.
At age 12, Tino started getting stomach pains every month. Then the bleeding began. The body Tino was born with had not finished speaking. The surgery had removed what looked "less" but was actually part of who Tino was growing to be.
Today Tino's ID says "Male". The school, the clinic, even Tino's own documents tell a lie. There is no legal way in Zimbabwe to go back and correct it.

2. The Girl Who Was Told to Be Silent
Let's call her Nomvula.
Nomvula was given a "female" certificate because the female features were more visible at birth. The small male tissue was removed.
At 16, Nomvula's voice deepened, the body grew in ways the doctors did not expect, and hormone tests showed a different story. But the law says the birth certificate cannot be changed. Nomvula now carries papers that do not match her body, and every job interview, every hospital visit becomes a shame.

These are not rare. Across the world, medical bodies now warn: do not do irreversible surgery on infants unless it is to save life. Wait. Let the child grow. Let the body tell its own truth.

WHY DOCTORS SHOULD NOT HAVE THE FINAL WORD ALONE

Doctors are healers, not prophets. Science in a newborn is often "inconclusive."
To give one person — even a doctor — the ultimate power to cut away part of a child's body, based on a 42-day deadline, is too much power and too little time.

The decision should belong to the person, when they are old enough. Until then, the law should protect, not rush.

THE WISDOM OF MINISTER ZIYAMBI ZIYAMBI
It is in this gap that Minister of Justice, Legal and Parliamentary Affairs, Ziyambi Ziyambi has chosen to act.

Instead of shouting, he sat down with stakeholders. Instead of fear, he chose facts.
He is leading efforts to align our laws so that:
1. Birth certificates can reflect reality - with options like "unspecified" or a legal path to correct later.
2. No child is forced into surgery to fit a form. Medical decisions will follow best practice and the child's best interest.
3. Dignity is protected - because Section 51 of our Constitution says every person has inherent dignity.

Minister Ziyambi is not promoting anything. He is simply saying: _A Zimbabwean child must not be made invisible by a form._
That is leadership. That is ubuntu.

WHAT OTHER NATIONS HAVE LEARNED
- Malta banned non-essential surgery on intersex children.
- Germany and Australia allow "X" or "not specified" on documents.
- South Africa allows correction of sex markers later in life.
They did this not to break tradition, but to stop harm.

CONCLUSION: LET THE BODY SPEAK FIRST
We were once told twins were _yimihlolo_. We changed.
We once stigmatized albinism. We are changing.
Now it is time for yincukubili.

Let us not cut first and ask questions later.
Let us not let a 42-day deadline decide a 80-year life.
Let us write a law big enough to hold all of God's children.

Because a nation that protects its most vulnerable is a nation that will stand.
 We go forward together none left behind.

Source - Dr Masimba Mavaza
All articles and letters published on Bulawayo24 have been independently written by members of Bulawayo24's community. The views of users published on Bulawayo24 are therefore their own and do not necessarily represent the views of Bulawayo24. Bulawayo24 editors also reserve the right to edit or delete any and all comments received.
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