The fundamental rights situation of intersex people
Abstract
‘Intersex’ is used in this paper as an umbrella
term to denote a number of different variations
in a person’s bodily characteristics that do not
match strict medical definitions of male or
female. These characteristics may be
chromosomal, hormonal and/or anatomical and
may be present to differing degrees. Many
variants of sex characteristics are immediately
detected at birth, or even before. Sometimes
these variants become evident only at later
stages in life, often during puberty. While most
intersex people are healthy, a very small
percentage may have medical conditions which
might be life-threatening, if not treated
promptly.
Intersex is a collective term for many natural
variations in sex characteristics. It is not a
medical condition.
Medically, some of these variants are grouped
under ‘disorders of sexual development’.
However, this is rejected by many, including
activists and intersex people themselves, who
perceive it to be stigmatising and pathologising.1
It should also be noted that some intersex people
may not wish to identify as such.
Practices, such as issuing birth certificates and
medical treatments, can have an impact on the
fundamental rights of intersex people. For
example, Article 1 of the Charter of Fundamental
Rights of the European Union, protects human
dignity. Other Charter rights include: the right to
integrity of the person (Article 3); respect for
private and family life (Article 7); the right to
found a family (Article 9); and rights of the child,
including the right of children to express their
views freely and to have their views taken into
consideration on matters which concern them in
accordance with their age and maturity (Article
24). Intersex people also benefit from the
prohibition of discrimination under the Charter
(Article 21).
When basic aspects of a person’s legal status
(e.g. birth or death registration), social status
(e.g. access to services) or health conditions are
frequently defined by the so-called ‘sex binary’
classification of being either ‘male’ or ‘female’
intersex people are often discriminated against.
This is because their sex characteristics cause
them to fall outside of this classification. It can
also lead to grave violations of their rights to
physical and psychological integrity as well as
other fundamental rights.