sexual health and human rights in the african region - The ICHRP

It is significant that under the Alteration of Sex Description and Sex Status Act
alteration of gender identity is not contingent upon gender surgery that is
designed to modify primary sex characteristics. Under section 2(1) of the Act,
gender reassignment through medical treatment or through natural evolvement,
are alternatives to surgery in terms of eligibility. Also it is significant that the Act
envisages a role for other health care practitioners and not just doctors in the
documentation that is required for meeting the eligibility requirements. In
respect of a person applying to alter a sex description following alteration of sex
characteristics by surgical or medical treatment the application must be
accompanied by a report prepared by a medical practitioner who carried out the
treatment. 349 In respect of an application where or sexual characteristics have
been altered by gender reassignment, the application must be supported by a
report prepared by a medical practitioner other than the one who carries out the
any treatment. 350 In respect of an application on the ground of intersex, there
must be two reports. One of the reports must be from a medical practitioner
corroborating that the applicant is intersexed, and the other must be from a
psychologist or social worker corroborating that the applicant is living and has
lived in the gender role corresponding to the intersex for a period of at least two
years. 351 For the purposes of the Act, a medical practitioner is a person providing
health services in terms of laws that govern the provision of allied, nursing,
pharmaceutical, dental and mental health care. 352
[97] Ugandan law permits a limited scope for sex alteration. Under the Ugandan
Birth and Death Registration Act, there is a duty to register the birth of a child,
including the ‘sex’ of the child within three months of the birth of the child.
However, prior to the attainment of 21 years, a parent or guardian can apply to
the Registrar General to change of the child, providing that the child ‘after being
registered, either through an operation or otherwise, changes from a female to a
male or from a male to a female and the change is certified by a medical
doctor’. 353
2.13 Sexual Harassment
[98] Sexual harassment can cause severe psychological distress and embarrassment to
its victims. It is intimidating and can compel the victim surrender to the
harassment. When harassment is resisted in a context where the perpetrator has
power over the victim, it can lead to loss of employment and employment
benefits.
349 Section 2(b) ibid.
350 Section 2(c) ibid.
351 Section 2(d) ibid.
352 Section 1 ibid.
353 Section 14 of the Ugandan Birth and Registration Act.
108