THE LEGAL, SOCIAL, AND BIOLOGICAL CONSTRUCTION OF INTERSEX RIGHTS AROUND THE WORLD
Keywords:
Self-determination, Intersex People, Gender Rights, Anti-discrimination Public PoliciesAbstract
Considering the historical marginalization of intersex people and the predominance of binary biomedical conceptions that, over time, pathologized their bodies and denied their self-determination, this article analyzes the legal construction of intersex rights in the international context and its repercussions on the Brazilian legal system. The aim is to examine the normative and jurisprudential evolution aimed at protecting the bodily integrity, civil recognition, and guaranteeing the autonomy of these people. To this end, documentary and chronological research is conducted, based on the analysis of legislation, treaties, and judicial decisions issued between 1996 and 2024, in light of theoretical frameworks from human rights and gender studies. Thus, it is observed that, in recent decades, several countries have moved from legal invisibility to the consolidation of legal frameworks that prohibit non-consensual medical interventions, recognize the "intersex" marker, and establish mechanisms for historical reparation. However, it appears that Brazil still lacks specific legislation, limiting itself to the generic application of constitutional principles. It follows, therefore, that the full realization of intersex rights requires not only legal norms but also a cultural and institutional transformation that ensures the right to bodily self-determination and dignified and inclusive citizenship.
