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Vol 25 No 2 Feb/March 2020

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The Legal Status of Intersex Persons

Edited by: Jens M. Scherpe, Anatol Dutta, Tobias Helms

ISBN13: 9781780684758
Published: September 2018
Publisher: Intersentia Publishers
Country of Publication: UK
Format: Paperback
Price: £66.00

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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, Malta, 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.

Human Rights and Civil Liberties, Medical Law, Family Law
Table of contents and preliminary pages
The Legal Status of Intersex Persons: An Introduction
Malta Declaration - Statement of the Third International Intersex Forum of 1 December 2013
Darlington Statement: Joint Consensus Statement from the Intersex Community Retreat in Darlington, March 2017
Vienna Statement (Statement of the First European Intersex Community Event, Vienna, 30th - 31st of March 2017)
Medicine and Psychology
Biology of Fetal Sex Development
Intersex in the Brain: What Neuroscience can Tell the Law about Gender Identity
Gender Identity and Intersex Conditions
Evidence-Based Reviews of Medical Interventions Relative to the Gender Status of Children with Intersex Conditions and Differences of Sex Development
Theology and Legal History
Intersex in the Christian Tradition: Personhood and Embodiment
Four Sexes, Two Genders: The Rabbinic Move from Legal to Essentialist Polarisation of Identities
Intersex: Some (Legal-)Historical Background
Transgender, Transsexuality and Intersex
Lessons from the Legal Development of the Legal Status of Transsexual and Transgender Persons
Towards Trans and Intersex Equality: Conflict or Complementarity?
National Legal Developments
The Legal Status of Intersex Persons in Australia
The Legal Status of Intersex Persons in Sweden
The Legal Status of Intersex Persons in India
The Legal Status of Intersex Persons in the Netherlands
The Legal Status of Intersex Persons in France
Between Rights and Pragmatism: Intersexuality Before the Colombian Constitutional Court
The Legal Status of Intersex Persons in the United States
The Legal Status of Intersex Persons in Malta
The 2013 German Law: Analysis and Criticism
The German Inter-Ministerial Working Group on Inter- and Transsexuality
Gender Diversity in Law: The German Perspective
Private International Law Aspects of Intersex
Private International Law Aspects of Intersex
Intersex and Human Rights
Standing Up for the Human Rights of Intersex People
The 'Normalisation' of Intersex Bodies and 'Othering' of Intersex Identities
Intersex Children and the UN Convention on the Rights of the Child