Limitations of Positive Legal Recognition of Intersex Persons

Document Type : Original Article

Authors

1 بهشتی

2 Public Law, Law Faculty, Shahid Beheshti University(SBU). Tehran. Iran

10.29252/jlr.2021.185538.1779

Abstract

Incontrovertibly each person’s body has an undeniable role in his shaping personality. Nowadays and based on scientific efforts, we know sex and accordingly, gender, as a spectrum in inter bodily experience. Over the long years intersex status was considered a “disorder”, but recently “different” experience of the two feminine and masculine sexual templates replaced the prevailing perception of intersex status. Concurrently with these scientific efforts, the process of legal recognition of intersex persons as conscious, dignified and autonomous persons has started; the process which is unknown in many countries.
Legal recognition is an action that during the years, encapsulates the debate on the agent of recognition on the one hand and subject of legal recognition, intersex persons, on the other hand. Birth of positive and negative legal recognition is the result of this action and reaction. In negative legal recognition, only the two feminine and masculine sexual patterns are recognized and intersex persons have to undertake the burden of irreparable and dangerous surgical shaping to join one of the two, without informed consent and necessity of treatment. But in positive legal recognition, existence of component elements such as right to self-determination, right to bodily integrity and right to have infant genitalia, creates a right-based model of legal recognition of intersex persons; a model that informed consent and necessity of treatment comprise its limitations to guarantee mentioned rights and actualize the fundamental idea of positive legal recognition, i.e. the equity between intersex and male or female humane.

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Legal Research Quarterly
Volume 25, Issue 99 - Serial Number 99
December 2022
Pages 293-316

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History

  • Receive Date: 26 November 2020
  • Revise Date: 28 April 2021
  • Accept Date: 19 June 2021

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