Until very recently, the legal gender of a person – both at birth and later in life - in virtually all jurisdictions had to be recorded as either male or female; most laws simply did not allow any other option. However, there are many cases where this gender binary is unable to capture the reality of a person’s gender identity.
In 2013 Germany became the first Western jurisdiction in modern times to introduce legislation allowing a person’s gender to be recorded as ‘indeterminate’ at birth and thus give them a legal gender status other than male or female. However, despite good intentions this legislation has proved problematic in many ways and is subject to pertinent criticism. Several other jurisdictions are now beginning to react to challenges to the gender binary.
The Legal Status of Intersex Persons provides a basis for discussions surrounding law reform in this area. It contains contributions from medical, psychological and theological perspectives as well as national legal perspectives from Germany, Australia, India, the Netherlands, Columbia, Sweden, France and the USA. It explores international human rights aspects of intersex legal recognition and features chapters on private international law and legal history.
With contributions by Julie Greenberg (Law, San Diego), Walter Pintens (Law, Leuven), Alain Wijfels (Law, Leuven and Leiden), Ieuan Hughes (Paediatrics, Cambridge), Milton Diamond (Medicine, Hawai’i), Nina Althoff (German Institute for Human Rights, Berlin), Marjolein van den Brink (Law, Utrecht), Duncan Dormor (Divinity, Cambridge), Peter Dunne (Law, Bristol), Anatol Dutta (Law, Munich), Claire Fenton-Glynn (Law, Cambridge), Jameson Garland (Law, Uppsala), Dan Christian Ghattas (OII Europe, Berlin), Tobias Helms (Law, Marburg), Joe Herbert (Clinical Neurosciences, Cambridge), Tanya Ni Mhuirthile (Law and Government, Dublin), Thomas Meyer (Federal Ministry of Justice and Consumer Protection, Berlin), Benjamin Moron-Puech (Law, Paris II), Stefano Osella (Law, European University Institute),Ruth Rubio Marin (Law, European University Institute), Vickie Pasterski (Psychology, Cambridge), Kirsten Sandberg (Law, Oslo), Jens M. Scherpe (Law, Cambridge and Hong Kong), Alexander Schuster (Law, Trento), Smita Shah (Law, European University Institute).
There are no separate chapters available for this publication.