The best interests of intersex minors in sex-normalising treatment: a comparative and human rights analysis. 01/11/2024 - 31/10/2026

Abstract

Intersex minors (also referred to as minors with a DSD, or "differences of sex development") are born with physical characteristics that do not align with normative definitions of female or male bodies. From the mid-twentieth century onwards, a medical discourse emerged in which intersex variations were rendered as 'invisible' as possible through surgical and/or hormonal interventions. These interventions were generally carried out without the informed consent of the child (although with the consent of their legal representatives) and often in the absence of a clear medical necessity. From the 1990s onwards, this approach increasingly came under criticism, both from academics and, above all, from the intersex community. In response, the medical community published the Chicago Consensus Statement (2006), a set of guidelines advocating a more multidisciplinary approach within specialised centres, improved psychosocial support, and greater caution and restraint regarding medical interventions involving intersex minors. Although many healthcare professionals now recommend postponing such decisions until the minor is able to participate in the decision-making process, research indicates that these interventions continue to be performed on young intersex children. My research takes the children's rights principle of the 'best interests of the child' as its starting point and examines how different actors interpret and apply this principle in the intersex context. Particular attention is paid to international human rights bodies, national legislators, and healthcare professionals. The project therefore combines both international and national perspectives and includes an interview study with healthcare professionals working in Flemish hospitals. The research aims to provide insight into differences and nuances in the interpretation of the best interests principle, while also contributing to the development of a more harmonised approach to determining the best interests of the child in decision-making concerning intersex minors.

Researcher(s)

Research team(s)

Funding

  • FWO

Project type(s)

  • Research Project