Le droit des personnes intersexuées

• Main Author: Benjamin Moron-Puech
• Format: Article
• Language: English
• Published: Les Éditions de la Maison des Sciences de l’Homme 2017-12-01
• Series: Socio
• Subjects: intersex person; privacy; identity document; civil status; gender markers; intersex
• Online Access: http://journals.openedition.org/socio/2983

Which rules should be established in France to support the rights of intersex persons, especially the right to privacy expressed in article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms? This is the question this article seeks to answer, by showing that for many intersex persons respecting this right requires the adoption of a non binary conception of sex. Considering current political and legal constraints such an outcome will likely be the consequence of French jurisprudential custom, based on the above mentioned article 8, as interpreted by the European Court of Human rights. Second, the right to privacy of intersex persons implies a limit to the demand for persons to reveal their gender identity.