Intersex people are born with sex characteristics, such as chromosomes, gonads, or genitals, that, according to the UN Office of the High Commissioner for Human Rights, "do not fit typical binary notions of male or female bodies."
Intersex persons often face stigmatisation and discrimination from birth, particularly when an intersex variation is visible. In some countries this may include infanticide, abandonment and the stigmatization of families. Mothers in East Africa may be accused of witchcraft, and the birth of an intersex child may be described as a curse.
Intersex infants and children particularly those born with visibly ambiguous genitalia are often subjected to surgical and/or hormonal interventions intended to align their bodies with socially accepted male or female characteristics. These procedures are highly controversial, as there is no conclusive evidence that they lead to positive psychological or physical outcomes. Moreover, while infertility in some intersex individuals is linked to specific biological conditions, these interventions themselves can cause irreversible infertility for individuals who might otherwise have had functional reproductive capacity. These issues are recognized as human rights abuses, with statements from UN agencies, the Australian parliament, and German and Swiss ethics institutions. Intersex organizations have also issued joint statements over several years, including the Malta declaration by the third International Intersex Forum.
Implementation of human rights protections in legislation and regulation has progressed more slowly. In 2011, Christiane Völling won the first successful case brought against a surgeon for non-consensual surgical intervention. In 2015, the Council of Europe recognized for the first time a right for intersex persons to not undergo sex assignment treatment. In April 2015, Malta became the first country to outlaw nonconsensual medical interventions to modify sex anatomy, including that of intersex people.
Other human rights and legal issues include the right to life, protection from discrimination, standing to file in law and compensation, access to information, and legal recognition. Few countries so far protect intersex people from discrimination.
Intersex and human rights
Research indicates a growing consensus that diverse intersex bodies are normal—if relatively rare—forms of human biology, 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, found that intersex people are discriminated against worldwide:
The Council of Europe highlights several areas of concern:
Equal right to life and prevention of medical treatments without informed consent including treatments considered unnecessary; Removal of Intersex as a curable medical condition but one which can have medical treatments with informed consent Equal treatment under the law; including specific legal provision similar to other classes covered; Access to information, medical records, peer and other counselling and support; Self-determination in gender recognition, through expeditious access to official documents.
Relationship between Intersex and LGBT
Multiple organizations have highlighted appeals to LGBT rights recognition that fail to address the issue of unnecessary "normalising" treatments on intersex children, using the portmanteau term "pinkwashing". In June 2016, Organisation Intersex International Australia pointed to contradictory statements by Australian governments, suggesting that the dignity and rights of LGBTI (LGBT and intersex) people are recognized while, at the same time, harmful practices on intersex children continue.
In August 2016, Zwischengeschlecht described actions to promote equality or civil status legislation without action on banning "intersex genital mutilations" as a form of "pinkwashing". The organization has previously highlighted evasive government statements to UN Treaty Bodies that conflate intersex, transgender and LGBT issues, instead of addressing harmful practices on infants.
Physical integrity and bodily autonomy
Intersex people face stigmatisation and discrimination from birth. In some countries, particularly in Africa and Asia, this may include infanticide, abandonment and the stigmatization of families. Mothers in east Africa may be accused of witchcraft, and the birth of an intersex child may be described as a curse. Abandonments and infanticides have been reported in Uganda, Kenya, south Asia, and China. In 2015, it was reported that an intersex Kenyan adolescent, Muhadh Ishmael, was mutilated and later died. He had previously been described as a curse on his family.
Non-consensual medical interventions to modify the sex characteristics of intersex people take place in all countries where the human rights of intersex people have been explored. Such interventions have been criticized by the World Health Organization, other UN bodies such as the Office of the High Commissioner for Human Rights, and an increasing number of regional and national institutions. In low and middle income countries, the cost of healthcare may limit access to necessary medical treatment at the same time that other individuals experience coercive medical interventions.
Several rights have been stated as affected by stigmatization and coercive medical interventions on minors: the right to life. the right to privacy, including a right to personal autonomy or self-determination regarding medical treatment. prohibitions against torture and other cruel, inhuman and degrading treatment. a right to physical integrity and/or bodily autonomy. additionally, the best interests of the child may not be served by surgeries aimed at familial and social integration.
Human rights reports
In recent years, Intersex rights have been the subject of reports by several national and international institutions. These include the Swiss National Advisory Commission on Biomedical Ethics (2012), the UN special rapporteur on torture and other cruel, inhuman or degrading treatment or punishment (2013), and the Australian Senate (2013). In 2015 the Council of Europe, the United Nations Office of the United Nations High Commissioner for Human Rights and the World Health Organization also addressed the issue. In April 2015, Malta became the first country to outlaw coercive medical interventions. In the same year, the Council of Europe became the first institution to state that intersex people have the right not to undergo sex affirmation interventions.
For Intersex Awareness Day, October 26, UN experts including the Committee against Torture, the Committee on the Rights of the Child and the Committee on the Rights of Persons with Disabilities, along with the Council of Europe Commissioner for Human Rights, the Inter-American Commission on Human Rights and United Nations Special Rapporteurs called for an urgent end to human rights violations against intersex persons, including in medical settings. The experts also called for the investigation of alleged human rights abuses, the ability to file claims for compensation, and the implementation of anti-discrimination measures:
In 2017, the human rights non-governmental organizations Amnesty International and Human Rights Watch published major reports on the rights of children with intersex conditions.
Constitutional Court of Colombia
Although not many cases of children with intersex conditions are available, a case taken to the Constitutional Court of Colombia led to changes in their treatment. The case restricted the power of doctors and parents to decide surgical procedures on children's ambiguous genitalia after the age of five, while continuing to permit interventions on younger children. Due to the decision of the Constitutional Court of Colombia on Case 1 Part 1 (SU-337 of 1999), doctors are obliged to inform parents on all the aspects of the intersex child. Parents can only consent to surgery if they have received accurate information, and cannot give consent after the child reaches the age of five. By then the child will have, supposedly, realized their gender identity. The court case led to the setting of legal guidelines for doctors' surgical practice on intersex children.
Maltese legislation
In April 2015, Malta became the first country to outlaw non-consensual medical interventions in a Gender Identity Gender Expression and Sex Characteristics Act. The Act recognizes a right to bodily integrity and physical autonomy, explicitly prohibiting modifications to children's sex characteristics for social factors:
The Act was widely welcomed by civil society organizations.
Chilean regulations
In November 2023, through Circular No. 15 of the Ministry of Health, unnecessary and non-consensual surgeries, procedures or medical treatments on intersex newborns, children and adolescents are prohibited.
In January 2016, the Ministry of Health of Chile ordered through Circular No. 18 the suspension of unnecessary normalization treatments for intersex children, including irreversible surgery, until they reach an age when they can make decisions on their own. The regulations were superseded in August 2016 by Circular No. 07. Circulars 18/2015 and 07/2016 were annulled by Circular 15/2023.
Indian State of Tamil Nadu On 22 April 2019 the Madras High Court (Madurai Bench) passed a landmark judgment and issued direction to ban Sex-Selective Surgeries on Intersex Infants based on the works of Gopi Shankar Madurai. On August 13, 2019 the Government of Tamil Nadu, India has issued a Government Order to ban non-necessary surgeries on the sex characteristics of babies and children in the Indian state of Tamil Nadu with 77.8 million people, this regulation is exempted in the case of life-threatening situations.
Legal protections in Germany 2021
A law that provides for a general ban on operations in children and adolescents with 'variants of gender development' ('Varianten der Geschlechtsentwicklung') was passed in the German parliament on March 25, 2021. According to a report in the Deutsches Ärzteblatt, the law is intended to strengthen the self-determined decision-making of children and adolescents and avoid possible damage to their health. Surgical changes to gender characteristics should only take place - even with the consent of the parents - if the operation cannot be postponed until age 14. The Federal Chamber of Psychotherapists requires the mandatory participation of a counsellor with experience on intersex in an assessment before a possible intervention. While supportive of progress, the law that was finally passed was also criticized by the Organisation Intersex International (OII) Germany, OII Europe, and Intergeschlechtliche Menschen, because of the existence of exceptions. After the ban, one report estimated that 1900 unnecessary surgeries were still performed annually in Germany. Parents avoided having their children declared intersex to exploit a loophole in the law.
Intersex Persons' Reality in Nigeria as of 2025 Intersex people in Nigeria face widespread discrimination, social stigma, and medical mistreatment, including non-consensual surgeries and a lack of access to appropriate healthcare. Deep-rooted cultural and religious norms contribute to secrecy, exclusion from education and employment, and legal invisibility.
Obioma Chukwuike, founder of Intersex Nigeria, is leading national advocacy against non-consensual medical interventions and for the inclusion of intersex people in health policy frameworks.
Right to life