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The Asia Pacific Forum of National Human Rights Institutions states that legal recognition is firstly "about intersex people who have been issued a male or a female birth certificate being able to enjoy the same legal rights as other men and women." Sociological research in Australia, a country with a third 'X' sex classification, shows that 19% of people born with atypical sex characteristics selected an "X" or "other" option, while 52% are women, 23% men, and 6% unsure.

In some non-European societies, sex or gender systems with more than two categories may have allowed for other forms of inclusion of both intersex and transgender people.Some later shifts in terminology have reflected advances in genetics, while other shifts are suggested to be due to pejorative associations.Since the rise of modern medical science, some intersex people with ambiguous external genitalia have had their genitalia surgically modified to resemble either female or male genitals.These issues have been addressed by a rapidly increasing number of international institutions including, in 2015, the Council of Europe, the United Nations Office of the United Nations High Commissioner for Human Rights and the World Health Organization.These developments have been accompanied by International Intersex Forums and increased cooperation amongst civil society organizations.Some chromosomal intersex variations may not be physically apparent at all.

Some intersex traits are not always visible at birth; some babies may be born with ambiguous genitals, while others may have ambiguous internal organs (testes and ovaries).However, this is considered controversial, with no firm evidence of good outcomes.Intersex people are born with sex characteristics (including genitals, gonads and chromosome patterns) that do not fit typical binary notions of male or female bodies.However, the implementation, codification and enforcement of intersex human rights in national legal systems remains slow.Areas of concern include: non-consensual medical interventions; stigma, discrimination and equal treatment; access to reparations and justice; access to information and support, and legal recognition.Others will not become aware that they are intersex unless they receive genetic testing, because it does not manifest in their phenotype.