The fundamental rights situation of intersex people

Most European societies recognise people as either male or female. However, this does not account for all variations in sex characteristics. As a result, intersex people experience fundamental rights violations ranging from discrimination to medical interventions without their consent.

Key facts

• Many Member States legally require births to be certified and registered as either male or female.
• In at least 21 Member States, sex ‘normalising’ surgery is carried out on intersex children.
• In 8 Member States, a legal representative can consent to sex ‘normalising' medical interventions independently of the child’s ability to decide.
• 18 Member States require patient consent provided the child has the ability to decide.
• Intersex discrimination is better covered by sex discrimination rather than discrimination on the basis of sexual orientation and/or gender identity as it concerns physical (sex) characteristics.

Key conclusions

• Legal and medical professionals should be better informed of the fundamental rights of intersex people, particularly children.
• Gender markers in identity documents and birth registries should be reviewed to better protect intersex people.
• Member States should avoid nonconsensual ‘sex-normalising’ medical treatments on intersex people.