Logo: to the web site of Uppsala University

uu.sePublications from Uppsala University
Change search
CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf
Protecting the Rights of Children with Intersex Conditions from Nonconsensual Gender-Conforming Medical Interventions: The View from Europe
Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law. (Medicinsk rätt / Medical Law)ORCID iD: 0000-0002-7297-8302
Faculty of Law, Lund University, Lund, Sweden.ORCID iD: 0000-0002-5621-8485
2019 (English)In: Medical Law Review, ISSN 0967-0742, E-ISSN 1464-3790, Vol. 27, no 3, p. 482-508Article in journal (Refereed) Published
Abstract [en]

Nonconsensual gender-conforming interventions on children with intersex conditions have recently come under sharp criticism from human rights authorities within the United Nations, the Council of Europe, and the European Union, which have identified these interventions as violating children’s rights to bodily integrity, privacy, and protection from violence, torture, and degrading treatment. Responding largely to requests for intervention from nongovernmental organizations, these authorities have called upon nations to reform their legal frameworks, both to prevent these rights violations and to redress them. To date, however, few nations have endeavored to prohibit nonconsensual gender-conforming procedures on children with intersex conditions, and none have enacted significant reforms of their frameworks to redress rights violations. This particular ‘compliance gap’ between human rights recommendations and law reform stems from a failure of national legal orders to formally recognize the scope of rights that are threatened by nonconsensual gender-conforming interventions—rights that are well-established as part of states’ positive obligations to prevent physical and psychological harm to children. This article, therefore, analyzes the nature of the rights at stake and the importance of reporting human rights violations to generate direct calls for reform wherever violations occur. The article further analyzes how developments in Europe may have special significance for legal framework reforms—particularly if they facilitate judicial actions against national authorities through the European Convention of Human Rights, which may serve as a model for litigation elsewhere.

Place, publisher, year, edition, pages
Oxford University Press, 2019. Vol. 27, no 3, p. 482-508
Keywords [en]
Children, intersex conditions, variations of sex characteristics, United Nations, Council of Europe, EU competence
National Category
Law Medical and Health Sciences
Research subject
Medical Law
Identifiers
URN: urn:nbn:se:uu:diva-371603DOI: 10.1093/medlaw/fwy039ISI: 000493118100006PubMedID: 30544143OAI: oai:DiVA.org:uu-371603DiVA, id: diva2:1273698
Available from: 2018-12-21 Created: 2018-12-21 Last updated: 2024-04-15Bibliographically approved

Open Access in DiVA

No full text in DiVA

Other links

Publisher's full textPubMed

Authority records

Garland, JamesonSlokenberga, Santa

Search in DiVA

By author/editor
Garland, JamesonSlokenberga, Santa
By organisation
Department of Law
In the same journal
Medical Law Review
LawMedical and Health Sciences

Search outside of DiVA

GoogleGoogle Scholar

doi
pubmed
urn-nbn

Altmetric score

doi
pubmed
urn-nbn
Total: 360 hits
CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf