Legal recognition of intersex people

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Intersex people are born with sex characteristics, such as chromosomes, gonads, or genitals that, according to the United Nations Office of the High Commissioner for Human Rights, "do not fit typical binary notions of male or female bodies". [1]

Contents

According to the Asia Pacific Forum of National Human Rights Institutions, few countries have provided for the legal recognition of intersex people. The Asia Pacific Forum states that the legal recognition of intersex people is firstly about access to the same rights as other men and women, when assigned male or female; secondly it is about access to administrative corrections to legal documents when an original sex assignment is not appropriate; and thirdly it is not about the creation of a third sex or gender classification for intersex people as a population but it is, instead, about self determination. [2]

The Asia Pacific Forum, the Council of Europe, [3] and the Malta declaration of the Third International Intersex Forum have called for non-binary gender classifications to be available on a voluntary, opt-in basis. [2] The Council of Europe has called for greater consideration of the implications of new sex classifications on intersex people, [3] while the Third International Intersex Forum called for the long term removal of sex or gender from official identification documents. [2]

In some countries, legal recognition may be limited, access to any form of birth certificate may be difficult, [4] while some other countries recognise that intersex people may have non-binary gender identities. [2] Sociological research in Australia, a country with a non-binary gender marker, has shown that 19% of people born with atypical sex characteristics may prefer that option. [5]

History

Edward Coke, The First Part of the Institutes of the Lawes of England (1st ed, 1628, title page) - 20131124 Edward Coke, The First Part of the Institvtes of the Lawes of England (1st ed, 1628, title page) - 20131124.jpg
Edward Coke, The First Part of the Institutes of the Lawes of England (1st ed, 1628, title page) - 20131124

In European societies, Roman law, post-classical Canon law, and later Common law, referred to a person's sex as male, female or hermaphrodite, with legal rights as male or female depending on the characteristics that appeared most dominant. Under Roman law, a hermaphrodite had to be classed as either male or female. [6] The 12th-century Decretum Gratiani states that "Whether an hermaphrodite may witness a testament, depends on which sex prevails". [7] [8] [9] The foundation of common law, the 16th Century Institutes of the Lawes of England described how a hermaphrodite could inherit "either as male or female, according to that kind of sexe which doth prevaile." [10] [11] Single cases have been described in Canon law and other legal cases over the centuries.

Intersex scholar Morgan Holmes states that much early anthropological material on non-European cultures described gender systems with more than two categories as "primitive", but also that subsequent analysis of third sexes and genders is simplistic or romanticized: [12]

much of the existing work on cultural systems that incorporate a 'third sex' portray simplistic visions in which societies with more than two sex/gender categories are cast as superior to those that divide the world into just two. I argue that to understand whether a system is more or less oppressive than another we have to understand how it treats its various members, not only its 'thirds'... recognition of third sexes and third genders is not equal to valuing the presence of those who were neither male nor female, and often hinges on the explicit devaluation of women [12]

In recent years, civil society organization and human rights institutions have raised issues relating to legal recognition.

Intersex rights

Research indicates a growing consensus that diverse intersex bodies are normal—if relatively rare—forms of human biology, [13] and human rights institutions are placing increasing scrutiny on medical practices and issues of discrimination against intersex people. A 2013 first international pilot study. Human Rights between the Sexes, by Dan Christian Ghattas, [14] [15] found that intersex people are discriminated against worldwide: "Intersex individuals are considered individuals with a «disorder» in all areas in which Western medicine prevails. They are more or less obviously treated as sick or «abnormal», depending on the respective society." [14]

In 2015, an Issue Paper on Human rights and intersex people by the Council of Europe highlighted several areas of concern, including legal recognition:

According to the Asia Pacific Forum of National Human Rights Institutions, few countries have provided for the legal recognition of intersex people. The Asia Pacific Forum states that the legal recognition of intersex people is firstly about access to the same rights as other men and women, when assigned male or female; secondly it is about access to administrative corrections to legal documents when an original sex assignment is not appropriate; and thirdly, while opt in schemes may help some individuals, legal recognition is not about the creation of a third sex or gender classification for intersex people as a population. [2]

On January 20, 2025, US president Donald Trump signed Executive Order 14168, entitled "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government". This executive order asserts that it is the policy of the United States that there are only two sexes, male and female, and that these sexes are immutable throughout a person's life, starting at conception. [16] The executive order does not acknowledge the existence of, or make provision for, intersex people. According to intersex advocate Alicia Roth Weigel, this order "attempts to negate our very existence". [17]

Gender identities

Like all individuals, some intersex individuals may be raised as a particular sex (male or female) but then identify with another later in life, while most do not. [18] [19] [20] A 2012 clinical review suggests that between 8.5-20% of persons with intersex conditions may experience gender dysphoria, distress or discomfort as a result of the sex and gender they were assigned at birth. [21]

Like non-intersex people, some intersex individuals may not identify themselves as either exclusively female or exclusively male. 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. [5] [22] At birth, 52% of persons in the study were assigned female, and 41% were assigned male. [5]

Research has also shown gender identities of intersex individuals to be independent of sexual orientation. [23]

Intersex advocate Morgan Carpenter states that intersex should not be reduced to a gender identity issue; "intersex as identity is polymorphic, but asserts the dignity of stigmatised embodiment." [24] Dan Christian Ghattas states that "People who do not have an intersex body and want to use ‘intersex’ to describe their gender identity, should be aware of the fact that, unfortunately, they are actually making intersex human rights violations less visible." [25]

Access to identification documents

Currently, depending on the jurisdiction, access to any birth certificate may be an issue, [4] including a birth certificate with a sex marker, [26] and in the absence of surgical requirements. [27]

In 2014 a Kenyan court ordered its government to issue a birth certificate to a five-year-old child born with ambiguous genitalia, necessary to allow the child to attend school and obtain a national identity document. [4] Many intersex persons in Uganda are understood to be stateless due to historical difficulties in obtaining identification documents, despite a birth registration law that permits intersex minors to change assignment. [28]

A 2017 submission by Justicia Intersex and Zwischengeschlecht to the United Nations Committee Against Torture identified two Argentinian cases of children denied birth certificates without parental consent to irreversible medical interventions. [27]

Access to the same rights as other men and women

The Asia Pacific Forum of National Human Rights Institutions states that:

Recognition before the law means having legal personhood and the legal protections that flow from that. For intersex people, this is neither primarily nor solely about amending birth registrations or other official documents. Firstly, it is 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 [2]

Accessing the same rights as other men and women supposes the elimination of stigma and discrimination on grounds of sex characteristics, and rights to physical integrity and freedom from torture and ill-treatment.

The Asia Pacific Forum also highlights access to sport and concerns with sex verification policies. [2] Sex testing began at the 1966 European Athletics Championships in response to suspicion that several of the best women athletes from the Soviet Union and Eastern Europe were actually men. [29] At the Olympics, testing was introduced in 1968. Initially, sex verification took the form of physical examinations. It subsequently evolved into chromosome testing, and later testosterone testing. Reports have shown how elite women athletes with intersex conditions have been humiliated, excluded, and suffered human rights violations as a result of sex verification testing. [30] [31] [32] Such cases have included female genital mutilation and sterilization. [32]

Changing identification documents

Access to a birth certificate with a correct sex marker may be an issue for intersex people who do not identify with their sex assigned at birth. [3] [2]

Some countries have the gender self-determination legal model such as Argentina, Belgium, Malta, Denmark, Greece, France, Portugal, Norway, Chile, Uruguay, Luxembourg, Colombia, Ecuador, Iceland, and Ireland permit changes to sex classifications via simple administrative methods. [33] Some countries, such as Vietnam, Thailand, Japan, some jurisdictions in both Australia and the United States and many European countries only permit changes to sex classifications following sexual reassignment surgery. [2] Other countries do not permit intersex people to change sex assignment at all or, such as the United Kingdom, only by declaring that they are transgender and obtaining a diagnosis of gender dysphoria. [34]

Third sex or gender classifications

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  Nonbinary / third gender available as voluntary opt-in
  Opt-in for intersex people only
  Standard for third gender
  Standard for intersex
  Nonbinary / third gender not legally recognized / no data

The passports and identification documents of Australia, New Zealand and some other nationalities have adopted "X" as a valid third category besides "M" (male) and "F" (female), at least since 2003. [35] [36] US states have recognised third options since at least 2012, in the case of an 'hermaphrodite' birth certificate sex marker in Ohio. [37] In 2013, Germany became the first European nation to register babies with characteristics of both sexes as indeterminate gender on birth certificates, amidst opposition and skepticism from intersex organisations who point out that the law mandates exclusion from male or female categories. [38] [39] [40] [41]

US organization Intersex Campaign for Equality successfully pursued third sex/gender classification through a federal court case filed on Intersex Awareness Day, October, 26, 2015. On November 22, 2016, the United States District Court for the District of Colorado ruled in favor of intersex Navy veteran Dana Zzyym, associate director of Intersex Campaign for Equality, stating that the State Department violated federal law in denying Zzyym a passport because they did not select M/male or F/female as their sex marker. [42] [43] On October 27, 2021, the very first US X Passport was issued to Dana Zzyym. As stated by Lambda Legal, Zzyym's legal representatives in the lawsuit, the X is a "sex/gender" marker representing both intersex and non-binary/gender nonconforming people. [44] The X passport was issued to Zzyym because their medical records demonstrated to the courts that they are not male or female but intersex; in keeping with federal precedent regarding M/F markers, and statewide precedent regarding the X markers, the passport X represents both sex and gender identity. It does not require medical documentation, and will be available to any citizen who wishes to opt out of binary sex/gender classifications. On September 26, 2016, intersex California resident Sara Kelly Keenan became the second person in the United States to legally change her gender to non-binary. [45] In December 2016, Keenan received a birth certificate with an 'Intersex' sex marker from New York City. Press coverage also disclosed that Ohio issued a birth certificate with a sex marker of 'hermaphrodite' in 2012. [46] [37]

The intersex movement supports voluntary and opt-in non-binary and multiple sex classifications, described in the statement of the Third International Intersex Forum. The Open Society Foundations published a report, License to Be Yourself in May 2014, documenting "some of the world's most progressive and rights-based laws and policies" enabling changes to gender markers on official documents. [47] The report comments on the recognition of third classifications, stating:

From a rights-based perspective, third sex / gender options should be voluntary... Those identifying as a third sex / gender should have the same rights as those identifying as male or female. [47]

The Council of Europe acknowledged concerns about recognition of third and blank classifications in a 2015 Issue Paper, stating that these may lead to "forced outings" and "lead to an increase in pressure on parents of intersex children to decide in favour of one sex." [3] The Issue Paper argues that "further reflection on non-binary legal identification is necessary":

Mauro Cabral, Global Action for Trans Equality (GATE) Co-Director, indicated that any recognition outside the "F"/"M" dichotomy needs to be adequately planned and executed with a human rights point of view, noting that: "People tend to identify a third sex with freedom from the gender binary, but that is not necessarily the case. If only trans and/or intersex people can access that third category, or if they are compulsively assigned a third sex, then the gender binary gets stronger, not weaker" [3]

The Asia Pacific Forum of National Human Rights Institutions recognised the right of individuals to non-binary or third sex classifications, but stated that, "creating a third, separate category for the registration of people born with an intersex trait ... would risk segregating and potentially stigmatising intersex people. It would also remove their right to determine their own sex or gender." [2]

In March 2017, an Australian and New Zealand community statement called for an end to legal classification of sex, stating that legal third classifications, like binary classifications, were based on structural violence and failed to respect diversity and a "right to self-determination". [48] [49]

Ending official classification by sex or gender

The statement of the Third International Intersex Forum calls for an end to official classification by sex or gender on identification documents. Dan Christian Ghattas of OII Europe states that, "providing the options for all parents to leave the sex/ gender entry open for their child would promote the equality of all sexes and genders". [25] Laura Inter of Mexican intersex organization Brújula Intersexual, imagines a society where sex or gender classifications are removed from birth certificates and other official identification documents, [50] and Morgan Carpenter of OII Australia states that, "the removal of sex and gender, like race and religion, from official documentation" is "a more universal, long-term policy goal". [24]

In March 2017, an Australian and New Zealand community statement called for an end to legal classification of sex, stating that legal third classifications, like binary classifications, were based on structural violence and failed to respect diversity and a "right to self-determination". It also called for the criminalization of deferrable intersex medical interventions. [48] [49]

Sex and gender distinctions

Distinctions between sex and gender are lost in many official or legal documents, [51] and also online. In 2014, Facebook introduced dozens of options for users to specify their gender, including the option of intersex. [52]

Malta declaration

Participants at the third International Intersex Forum, Malta, in December 2013 Third International Intersex Forum.jpg
Participants at the third International Intersex Forum, Malta, in December 2013

The Malta declaration by the Third International Intersex Forum, in 2013, called for infants and children to be assigned male or female, on the understanding that later identification may differ:

  • To register intersex children as females or males, with the awareness that, like all people, they may grow up to identify with a different sex or gender.
  • To ensure that sex or gender classifications are amendable through a simple administrative procedure at the request of the individuals concerned. All adults and capable minors should be able to choose between female (F), male (M), non-binary or multiple options. In the future, as with race or religion, sex or gender should not be a category on birth certificates or identification documents for anybody. (Third International Intersex Forum) [2]

Recognition and rights by continent and jurisdiction

Africa

Country/jurisdictionPhysical integrity and bodily autonomy Anti-discrimination protection Access to identification documents Access to same rights as other men and women Changing M/F identification documents Third gender or sex classifications Ending official classification by sex or gender Sex and gender distinctions Assign infants and children to male or female
Flag of Kenya.svg Kenya Since 2022 Yes check.svg [53] [54] X mark.svg Yes check.svg [4] Since 2022 Yes check.svg [55]
Flag of South Africa.svg South Africa X mark.svg [56] [57] Yes check.svg [58] Yes check.svg Yes check.svg [59] Yes check.svg Subject to medical and social reports
Flag of Uganda.svg Uganda X mark.svg [60] [61] X mark.svg Yes check.svg [62]

Americas

Country/jurisdictionPhysical integrity and bodily autonomy Anti-discrimination protection Access to identification documents Access to same rights as other men and women Changing M/F identification documents Third gender or sex classifications Ending official classification by sex or gender Sex and gender distinctions Assign infants and children to male or female
Flag of Argentina.svg Argentina X mark.svg [63] X mark.svg Yes check.svg Self-determination [64] Yes check.svg Since July 2021, gender X became available and implemented [65]
Flag of Canada (Pantone).svg Canada X mark.svg [66] X mark.svg Yes check.svg Yes check.svg Self-determination Yes check.svg Also available for Canadian passport holders with male, female and X options.
Flag of Chile.svg Chile Yes check.svg [67] [68] Yes check.svg [69] [70] [71] Yes check.svg Yes check.svg Self-determination [72] Yes check.svg [72]
Flag of Colombia.svg Colombia X mark.svg No, but restricted in children aged over 5. X mark.svg Yes check.svg Self-determination
Flag of Mexico.svg Mexico X mark.svg [73] [74] [75] X mark.svg [74] Yes check.svg Since May 2023, a gender X option formally became available on Passports within Mexico - alongside male and female options. [76] [77]
Flag of the United States.svg United States X mark.svg [78] Partial, in healthcare [79] X mark.svg Laws on female genital mutilation not enforced [78] Yes check.svg / X mark.svg Opt in only for Washington D.C., California, New York City, Ohio (with a court order only), New Mexico, [80] Nevada, [81] Oregon, Utah (with a court order only), [82] Washington State, New Jersey, [83] Colorado, and Michigan. [84] [85] [45] [37] US Passports since January 2025 abolished and no longer issuing the gender X option, existing gender X passports are still valid. [86] [87] [88] [89] Firearms transfer ATF forms and documents also have male, female and non-binary options since 2021. [90]
Flag of Uruguay.svg Uruguay Yes check.svg [91] [92] Yes check.svg Self-determination Yes check.svg [93]

Asia

Country/jurisdictionPhysical integrity and bodily autonomy Anti-discrimination protection Access to identification documents Access to same rights as other men and women Changing M/F identification documents Third gender or sex classifications Ending official classification by sex or gender Sex and gender distinctions Assign infants and children to male or female
Flag of Bangladesh.svg Bangladesh X mark.svg X mark.svg Emblem-question.svg [94] [ citation needed ] Yes check.svg [94] [ citation needed ]
Flag of the People's Republic of China.svg China X mark.svg [95] [96] X mark.svg [97]
Flag of India.svg India X mark.svg X mark.svg Yes check.svg [98] Yes check.svg [98]
Flag of Japan.svg Japan X mark.svg X mark.svg Warning icon.svg Requires surgery [2]
Flag of Nepal.svg Nepal X mark.svg X mark.svg Yes check.svg [99] Emblem-question.svg [100] Yes check.svg [99]
Flag of Pakistan.svg Pakistan X mark.svg Yes check.svg [101] Yes check.svg Self-determination [101] Yes check.svg [101]
Flag of South Korea.svg South Korea X mark.svg X mark.svg Yes check.svg [ citation needed ]
Flag of Thailand.svg Thailand X mark.svg X mark.svg Warning icon.svg Requires surgery [2]
Flag of Vietnam.svg Vietnam X mark.svg X mark.svg Warning icon.svg Requires surgery [2]

Europe

Country/jurisdictionPhysical integrity and bodily autonomy Anti-discrimination protection Access to identification documents Access to same rights as other men and women Changing M/F identification documents Third gender or sex classifications Ending official classification by sex or gender Sex and gender distinctions Assign infants and children to male or female
Flag of Albania.svg Albania Yes check.svg [102] Yes check.svg [103]
Flag of Austria.svg Austria Yes check.svg [104]
Flag of Bosnia and Herzegovina.svg Bosnia and Herzegovina X mark.svg Yes check.svg [105]
Flag of Belgium (civil).svg Belgium Emblem-question.svg Emblem-question.svg Emblem-question.svg Yes check.svg Self-determination [106] [107] Emblem-question.svg
Flag of Denmark.svg Denmark X mark.svg [108] [109] X mark.svg Yes check.svg Self-determination [33] X mark.svg
Flag of Finland.svg Finland X mark.svg Yes check.svg [110] Emblem-question.svg Yes check.svg Self-determination X mark.svg
Flag of France.svg France X mark.svg [111] [112] X mark.svg Emblem-question.svg Emblem-question.svg X mark.svg
Flag of Germany.svg Germany Yes check.svg with exceptions [113] [114] [115] X mark.svg Emblem-question.svg Yes check.svg Self-determination Yes check.svg [116]
Flag of Greece.svg Greece X mark.svg Yes check.svg [117] Yes check.svg Self-determination
Flag of Iceland.svg Iceland X mark.svg Yes check.svg [118] [119] [120] Emblem-question.svg Emblem-question.svg Yes check.svg Self-determination [118] [119] [120] Yes check.svg [118] [119] [120]
Flag of Ireland.svg Ireland X mark.svg [121] [122] X mark.svg Yes check.svg Self-determination [33] X mark.svg
Flag of Jersey.svg Jersey X mark.svg Yes check.svg [123]
Flag of Luxembourg.svg Luxembourg Emblem-question.svg Emblem-question.svg Emblem-question.svg Yes check.svg [124] Emblem-question.svg
Flag of Malta.svg Malta Yes check.svg Legislated[ citation needed ] Yes check.svg [125] Yes check.svg Yes check.svg Yes check.svg Self-determination [33] Yes check.svg [126]
Flag of Montenegro.svg Montenegro X mark.svg Yes check.svg [127] X mark.svg X mark.svg X mark.svg X mark.svg X mark.svg X mark.svg X mark.svg
Flag of the Netherlands.svg Netherlands Yes check.svg Emblem-question.svg Emblem-question.svg Emblem-question.svg Emblem-question.svg
Flag of Norway.svg Norway X mark.svg [128] Emblem-question.svg Emblem-question.svg Yes check.svg Self-determination [129] [130] [131] Emblem-question.svg
Flag of Portugal.svg Portugal Yes check.svg Legislated [132] [133] Yes check.svg Yes check.svg Yes check.svg Yes check.svg Self-determination [132] [133] Yes check.svg
Flag of Serbia.svg Serbia X mark.svg Yes check.svg [134]
Flag of Sweden.svg Sweden Emblem-question.svg Yes check.svg Emblem-question.svg Emblem-question.svg Yes check.svg Self-determination effective from July 1, 2025 - under enacted April 2024 legislation passed in Sweden [135] Emblem-question.svg Emblem-question.svg Emblem-question.svg Emblem-question.svg
Flag of Switzerland (Pantone).svg Switzerland X mark.svg [136] [137] [138] [139] X mark.svg Yes check.svg Self-determination [140] X mark.svg
Flag of the United Kingdom.svg United Kingdom X mark.svg [141] [142] X mark.svg X mark.svg Requires diagnosis of gender dysphoria [34] X mark.svg

Oceania

Country/jurisdictionPhysical integrity and bodily autonomy Anti-discrimination protection Access to identification documents Access to same rights as other men and women Changing M/F identification documents Third gender or sex classifications Ending official classification by sex or gender Sex and gender distinctions Assign infants and children to male or female
Flag of Australia (converted).svg Australia X mark.svg [48] [143] Yes check.svg At federal level [144] X mark.svg Exemptions regarding sport and female genital mutilation [144] Yes check.svg Policies vary depending on jurisdiction [145] Warning icon.svg Requires sexual reassignment surgery since 1996 within NSW - until June 30, 2025. “Appropriate clinical treatment” required in NT, SA and WA. Self-determination in ACT, VIC, TAS, QLD (and NSW effective from July 1, 2025). [146] Yes check.svg (Passports) Yes check.svg Opt in at federal level, state/territory policies vary [145] [51]
Flag of New Zealand.svg New Zealand X mark.svg [48] [147] X mark.svg (Under sex, however indirectly implied under the Human Rights Act 1993) X mark.svg Exemptions regarding female genital mutilation [2] Yes check.svg Self-determination [148] Yes check.svg (Passports) Warning icon.svg (Third birth certificate may be used if determined at birth [149] )

See also

Notes

  1. ↑ "Free & Equal Campaign Fact Sheet: Intersex" (PDF). United Nations Office of the High Commissioner for Human Rights. 2015. Archived (PDF) from the original on 4 March 2016. Retrieved 28 March 2016.
  2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Promoting and Protecting Human Rights in relation to Sexual Orientation, Gender Identity and Sex Characteristics. Asia Pacific Forum of National Human Rights Institutions. June 2016. ISBN   978-0-9942513-7-4. Archived from the original on 2017-01-15.
  3. 1 2 3 4 5 6 Human rights and intersex people, Issue Paper, Council of Europe, April 2015
  4. 1 2 3 4 "Kenya takes step toward recognizing intersex people in landmark ruling". Reuters. 2014-12-05.
  5. 1 2 3 Jones, Tiffany; Hart, Bonnie; Carpenter, Morgan; Ansara, Gavi; Leonard, William; Lucke, Jayne (February 2016). Intersex: Stories and Statistics from Australia (PDF). Cambridge, UK: Open Book Publishers. ISBN   978-1-78374-208-0. Archived from the original (PDF) on 2016-09-14. Retrieved 2016-02-02.
  6. ↑ Lynn E. Roller, "The Ideology of the Eunuch Priest," Gender & History 9.3 (1997), p. 558.
  7. ↑ Decretum Gratiani , C. 4, q. 2 et 3, c. 3
  8. ↑ "Decretum Gratiani (Kirchenrechtssammlung)". Bayerische StaatsBibliothek (Bavarian State Library). February 5, 2009. Archived from the original on December 20, 2016.
  9. ↑ Raming, Ida; Macy, Gary; Bernard J, Cook (2004). A History of Women and Ordination. Scarecrow Press. p. 113.
  10. ↑ E Coke, The First Part of the Institutes of the Laws of England, Institutes 8.a. (1st Am. Ed. 1812) (16th European ed. 1812).
  11. ↑ Greenberg, Julie (1999). "Defining Male and Female: Intersexuality and the Collision Between Law and Biology". Arizona Law Review. 41: 277–278. SSRN   896307.
  12. 1 2 Holmes, Morgan (July 2004). "Locating Third Sexes". Transformations Journal (8). ISSN   1444-3775. Archived from the original on 2007-06-26. Retrieved 2014-12-28.
  13. ↑ Zderic, Stephen (2002). Pediatric gender assignment : a critical reappraisal ; [proceedings from a conference ... in Dallas in the spring of 1999 which was entitled "pediatric gender assignment - a critical reappraisal"]. New York, NY [u.a.]: Kluwer Acad. / Plenum Publ. ISBN   978-0306467592.
  14. 1 2 Ghattas, Dan Christian (September 2013). "Human Rights Between the Sexes" (PDF). Archived (PDF) from the original on 2015-09-23.
  15. ↑ "A preliminary study on the life situations of inter* individuals". OII Europe . 4 November 2013. Archived from the original on 4 July 2015.
  16. ↑ "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government". White House . Archived from the original on 21 January 2025.
  17. ↑ Alicia Roth Weigle (January 23, 2025). "Trump's 'Biological Truth' Executive Order is Not Based in Biology or Truth". Time.
  18. ↑ Money, John; Ehrhardt, Anke A. (1972). Man & Woman Boy & Girl. Differentiation and dimorphism of gender identity from conception to maturity . USA: The Johns Hopkins University Press. ISBN   978-0-8018-1405-1.
  19. ↑ Domurat Dreger, Alice (2001). Hermaphrodites and the Medical Invention of Sex. USA: Harvard University Press. ISBN   978-0-674-00189-3.
  20. ↑ Marañón, Gregorio (1929). Los estados intersexuales en la especie humana. Madrid: Morata.
  21. ↑ Furtado, P. S.; et al. (2012). "Gender dysphoria associated with disorders of sex development". Nat. Rev. Urol. 9 (11): 620–627. doi:10.1038/nrurol.2012.182. PMID   23045263. S2CID   22294512.
  22. ↑ Demographics, Organisation Intersex International Australia, July 28, 2016, archived from the original on October 1, 2016, retrieved 2016-09-30
  23. ↑ Diamond, Milton (1997). "Sexual Identity and Sexual Orientation in Children with Traumatized or Ambiguous Genitalia". The Journal of Sex Research. 34 (2): 199–211. doi:10.1080/00224499709551885. JSTOR   3813570.
  24. 1 2 Carpenter, Morgan (May 2016). "The human rights of intersex people: addressing harmful practices and rhetoric of change". Reproductive Health Matters . 24 (47): 74–84. doi: 10.1016/j.rhm.2016.06.003 . ISSN   0968-8080. PMID   27578341.
  25. 1 2 Ghattas, Dan Christian (2016). "Standing up for the human rights of intersex people – how can you help?" (PDF). Archived (PDF) from the original on 2016-03-27.
  26. ↑ Viloria, Hida (November 6, 2013). "Op-ed: Germany's Third-Gender Law Fails on Equality". The Advocate. Archived from the original on January 3, 2017.
  27. 1 2 "NGO Report to the 6th and 7th Periodic Report of Argentina on the Convention Against Torture (CAT)" (PDF). Buenos Aires: Justicia Intersex. March 2017. Archived (PDF) from the original on 2018-01-04.
  28. ↑ Baseline Survey on Intersex Realities in East Africa - Specific Focus on Uganda, Kenya and Rwanda, Support Initiative for Persons with Congenital Disorders, 2016
  29. ↑ R. Peel, "Eve’s Rib - Searching for the Biological Roots of Sex Differences", Crown Publishers, New York City, 1994, ISBN   0-517-59298-3 [ page needed ]
  30. ↑ Jordan-Young, R. M.; Sonksen, P. H.; Karkazis, K. (April 2014). "Sex, health, and athletes". BMJ. 348 (apr28 9): –2926–g2926. doi:10.1136/bmj.g2926. ISSN   1756-1833. PMID   24776640. S2CID   2198650.
  31. ↑ Martínez-Patiño, Maria José (December 2005). "Personal Account: A woman Tried and Tested". The Lancet . 366: 366–538. doi: 10.1016/s0140-6736(05)67841-5 . PMID   16360746. S2CID   8742433.
  32. 1 2 Pūras, Dainius (April 4, 2016), Sport and healthy lifestyles and the right to health. Report A/HRC/32/33, United Nations Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, archived from the original on December 15, 2016
  33. 1 2 3 4 McDonald, Henry; Others (July 16, 2015). "Ireland passes law allowing trans people to choose their legal gender". The Guardian . Archived from the original on 16 November 2015. Retrieved 13 November 2015.
  34. 1 2 Payton, Naith (July 23, 2015). "Comment: Why the UK's gender recognition laws desperately need updating". The Pink Paper. Archived from the original on January 26, 2017. Retrieved May 15, 2017.
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Intersex rights in Malta since 2015 are among the most progressive in the world. Intersex children in Malta have world-first protections from non-consensual cosmetic medical interventions, following the passing into law of the Gender Identity, Gender Expression and Sex Characteristics Act in 2015. All Maltese intersex persons have protection from discrimination. Individuals who seek it can access simple administrative methods of changing sex assignment, with binary and non-binary forms of identification available.

<span class="mw-page-title-main">Intersex rights in Germany</span> Overview of intersex peoples rights in Germany

Intersex people in Germany have legal recognition of their rights to physical integrity and bodily autonomy, with exceptions, but no specific protections from discrimination on the basis of sex characteristics. In response to an inquiry by the German Ethics Council in 2012, the government passed legislation in 2013 designed to classify some intersex infants as a de facto third category. The legislation has been criticized by civil society and human rights organizations as misguided.

<span class="mw-page-title-main">Intersex human rights reports</span>

Intersex people are born with sex characteristics, such as chromosomes, gonads, hormones, or genitals that, according to the UN Office of the High Commissioner for Human Rights, "do not fit the typical definitions for male or female bodies". Such variations may involve genital ambiguity, and combinations of chromosomal genotype and sexual phenotype other than XY-male and XX-female.

<span class="mw-page-title-main">Intersex rights in Taiwan</span>

Intersex people in Taiwan currently face some gaps in legal protection of their rights to physical integrity and bodily autonomy, and in protection from discrimination on the basis of sex characteristics, with significant improvements in recent years.

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