Intersex from a Legal Perspective: Guidelines for Integral Reparation

Abstract

Intersex persons, which are those whose genital/anatomic, gonadal or chromosomic sex does not coincide entirely to what could commonly be catalogued as a "male body" or a "female body" and, hence, have typical characteristics of both sexes in different degrees, have been made, and continue to be, invisible and pathologized. The dominant approach for "treating" these people, until now, has been the one of subjecting intersex babies to surgical interventions and hormonal treatments immediately, with the purpose of "normalizing" their bodies and assigning them a sex that fits the man-woman dichotomy. Nevertheless, this practice involves a violation of several human rights of the intersex children, which leads, necessarily, in their right to reparations if they have been subject to such treatments and interventions without their consent. This paper aims to briefly introduce the context of intersex children, as well as key concepts for the analysis. Furthermore, we will outline the basis for the existing dominant approach, which consists in the treatments for "normalizing" and challenge it with the opposite perspective, which is based on each individual"™s autonomy. Moreover, we will introduce basic notions for analyzing the rights of the child, as the child"™s best interest, the progressive exercise of the child"™s rights and evolving capacities of the child. Additionally, we will conclude by identifying the human rights violations that are caused by these invasive and permanent treatments and, finally, we will outline some recommendations for reparations. .