Protecting Intersex People in Europe

A toolkit for law and policymakers

Bodily autonomy – making one’s own informed decisions about one’s body and what happens to it – is a fundamental human right, repeatedly enshrined throughout myriad human rights instruments globally. Each of us holds this right individually. However, it is not equally protected nor enforced for everyone. Across Europe, as well as much of the world, the right to bodily autonomy is regularly and greviously violated on the basis of sex characteristics. These violations are increasingly documented, and today, people with variations of sex characteristics are internationally recognised as victims of harmful medical practice and other human rights violations.

From 2009 to the present, United Nations Treaty Bodies have called on Member States to stop human rights violations against intersex people 49 times. Of these, Council of Europe Member States have received 26 UN Treaty Body recommendations, 15 of these in the past two years alone. The Yogyakarta Principles plus 10 call for protection of intersex people under the ground of “sex characteristics” and for ending human rights violations on intersex people, including protecting their right to bodily and mental integrity.

Additionally, European bodies such as the Parliamentary Assembly of the Council of Europe and the European Parliament have both passed resolutions (2017 and 2019, respectively) calling for, among other protections and policies, the prohibition of sex-“normalising” surgery and other treatments practised on intersex children without their informed consent in national law among their respective Member States.

On a national level, so far only Malta (2015) and Portugal (2018) have established protections for intersex people from violations of their bodily integrity and, together with Greece (2016), protection against discrimination on the ground of “sex characteristics”.

Additionally, courts have begun to recognise and adjudicate on the human rights violations faced by intersex people, both with respect to bodily integrity and gender markers.

ILGA-Europe and OII-Europe are delighted to present the law and policymakers with this toolkit and accompanying appendix and checklist so that we can work together to ensure the protection of all people on the basis of sex characteristics, including those most vulnerable to violations and abuses.

See also

News

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Statement on today’s vote to ban legal gender recognition in Russia

ILGA-Europe issue this public statement to express our support to and solidarity with trans and gender diverse people in Russia in the light of the […]
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Intersex people are among the most vulnerable among the LGBTI population, study finds

A new report from ILGA-Europe in association with OII Europe finds that Intersex people experience some of the highest levels of discrimination and marginalisation of all groups surveyed in the most recent cross-European LGBTI study.
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Report

Intersections: The LGBTI II Survey – Intersex Analysis

Disaggregated data, which can look deeply into the lived experiences of marginalised people, is a key demand of LGBTI and other human rights groups. With […]
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News

Call to criminalise intersex genital mutilation in the EU

ILGA-Europe are urging the EU to criminalise the practice of IGM against intersex people, particularly intersex women and girls, as part of the proposal for […]
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The Frontline: Trans Inclusion in the Women’s Movement

In this episode of The Frontline, specially released on Trans Day of Visibility, we’re looking at trans inclusion in the women’s movement. All too often […]
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The most striking finding of ILGA-Europe’s Annual Review 2023 is a stark rise in the ferocity of anti-LGBTI hate and violence reported in Europe and Central Asia. But alongside this worrying trend, there are positive developments in areas such as legal gender recognition, public support, intersex human rights and civil society. Here are the key highlights.
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How activism led the way forward to protect intersex children in Greece

To mark #IntersexAwarenessWeeks we look into the efforts and experiences of activists in Greece, who worked for many months alongside the national government, resulting in the country becoming just the fifth in the world to ban intersex genital mutilations on children.
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Children born intersex are at risk in most European countries. Here’s why

ILGA-Europe’s Rainbow Map of the legal situation for LGBTI people in Europe has a brand-new category: Intersex Bodily Integrity. It’s an essential expansion, because in across Europe and Central Asia, intersex people, and especially children, are still at risk.
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Report

Briefing Document: Ukraine war – Medications needed by trans and intersex people

The ongoing crisis in Ukraine has resulted in need for immediate action to address the needs both of a significant population of Ukrainians fleeing the […]
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A Marathon, not a sprint: how we’re responding to the invasion of Ukraine

In the past week, since Russia invaded Ukraine on February 24, the global response has been massive, alongside a great number of organisations working with […]
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Where are my rights? These essential maps chart the recognition of LGBTI people across the globe

Every year, ILGA-Europe publishes our Rainbow Map, charting LGBTI rights in 49 European countries. But we’re not the only benchmarking map on the scene. From sexual orientation laws in the world to inclusive churches in Europe, these charts depict the state of LGBTI rights and more across the world.
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Call for Contributions: Violence and discrimination against LBTI women in sport submission to Council of Europe

We, along with EL*C, TGEU, and OII Europe, are working to prepare a short submission to The Parliamentary Assembly of the Council of Europe on the specific needs and struggles of LBTI women in sports, and are looking for your inputs to this submission by 31 January.
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Case Law

Y. v France

Recognition of non-binary identities. Submitted jointly by ILGA-Europe, OII Europe, and C.I.A. (Collectif intersexes et allié-e-s).
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Press Release

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TGEU, ILGA-Europe, IGLYO, and OII Europe condemn decision of Hungarian Parliament to follow the government and restrict access to fundamental rights for trans and intersex people.
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Response to Hungarian Prime Minister Viktor Orbán regarding to Article 33 of the proposed Omnibus Bill, 2020

In response to Hungarian Prime Minister Viktor Orbán letter dated 5 May 2020, regarding to Article 33 of the proposed Omnibus Bill, 2020.
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Blog

What we can learn from 15 brave stories of real European intersex lives

“Sometimes it is necessary to speak clearly from a very personal or intimate point of view,” says intersex activist Ins A Kromminga, co-founder of OII Europe and illustrator of ‘#MyIntersexStory: Personal accounts by intersex people living in Europe’. The 15 beautifully illustrated, but often harrowing stories in this groundbreaking publication speak “a clear and frank language of things that are often hard to speak about”.
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Blog

How to be a great intersex ally

Even within the LGBTI community, intersex people continue to be overlooked, and that’s something we urgently need to change. Here are our top tips for getting on the right page and supporting the human rights of intersex people!
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The inspirational voices of LGBTI activism

Watch our video interview with passionate intersex activist, Audrey Aegerter of InterAction Suisse, the first of our ILGA-Europe members from across Europe and Central Asia who talked to us about the great work they’re doing.
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News

Monumental shift in global health for trans and gender diverse people

Today, after nearly a decade of efforts from trans and gender diverse activists and organisations, and their allies, the World Health Assembly approved the newest update to the […]
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Press Release

European Parliament adopts landmark resolution on intersex rights

Press Statement: Today, on 14 February 2019, the European Parliament has adopted a landmark Resolution on the Rights of Intersex People. By adopting this resolution, the […]
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Discover how to frame your messages about intersex issues

Are you campaigning for intersex rights in your country? Are you supporting intersex groups in their campaigning efforts? Discover how to frame your messages about […]
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A missed opportunity to recognise self-determination in Germany

On 15 August, the Federal Government of germany adopted a draft bill on a third gender option. This bill is a missed opportunity to recognise […]
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Press Release

Portugal can still be legislative innovators on LGBTI equality – don’t stop now!

Update on the veto issued on 9 May by President of portugal, Marcelo Rebelo de Sousa. Portuguese President Marcelo Rebelo de Sousa has chosen to […]
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Urgent letter to the President of Portugal

ILGA-Europe, TGEU and OII Europe urge President Marcelo Rebelo de Sousa to sign the historic law as adopted by the Portuguese parliament on 13 April.  Two […]
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Press Release

Portugal votes to respect the rights of trans and intersex people

The Portuguese parliament has voted to adopt a ground-breaking law which better protects and respects the right to self-determination and bodily integrity of trans and […]
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Case Law

P. v. Ukraine

Intersex (Legal gender recognition)
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News

Bring on 2018 – reaction to German Constitutional Court decision on gender markers

The German Constitutional Court decision is ground-breaking. It’s putting the conversation about recognition of intersex and non-binary people front and centre in a very positive […]
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News

Bring on 2018 – reaction to German Constitutional Court decision on gender markers

The German Constitutional Court decision is ground-breaking. It’s putting the conversation about recognition of intersex and non-binary people front and centre in a very positive […]
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