Human rights violations in performing sex reassignment surgeries on intersex children Patricia Cristina Vasques de Souza Gorisch, Ana Paula Silva Borgomoni

Abstract

Background: This article investigates the biological condition of intersex people and the performance of sexual “reassignment” surgeries on newborns and children as a violation of human rights and the right to self-determination. Problem: The article highlights the social determination of binarism, which occurs from the violation of the self-determination rights of intersex people, in the face of the unilateral decision of their family members, under medical guidance, to perform sexual reassignment surgery on newborns and children without the capacity for self-determination. Objective: To investigate whether intersex people are born with biological characteristics different from those with female or male gender stereotypes and that performing sexual reassignment surgeries at an early age violates human rights. Method: The research is predominantly bibliographic. Results: It is evident that, due to their biological condition, children and newborns are subjected to surgeries to “adapt” their bodies, which have been questioned, since a child needs his/her sexual organs only for his/her physiological needs, and such procedures are physically mutilating and violate human rights. Conclusion: The research led to the conclusion that, from the perspective of International Human Rights Law, surgical procedures for sexual “adaptation” are conduct that violates human rights and can only be performed when the intersex person has the capacity for self-determination and can express his/her free, prior, informed and clear consent.