Le respect des droits des personnes intersexuées – Chantiers à venir ?

Abstract : Which rules should be established in order that the human rights of intersex persons be respected in France. This is the question this article is trying to answer to, by focusing on the current majors violations of intersex persons’ human rights, i.e. the right to privacy and the right to physical integrity Regarding the right to privacy, this article aims to show that the respect of this right for intersex persons implies first to adopt a non binary conception of sex. Considering current political and legal constraints it is likely that this adoption will be the work of a jurispruential custom, by which French judges will conform to the article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as it is interpreted by the European court of human rights. Second, the right to privacy of intersex persons, combined with the prohibition of discriminations implies that sex becomes an optionnal marker on identity documents for which this marker is not necessary. Regarding intersex persons’ right to physical integrity, this article intends to show, that article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms establishes an obligation for French public authorities to change French law on several points. First, these authorities shall improve the protection mecanisms for intersex persons’ right to physical integrity. To achieve this, these authorities shall stop to encourage medical acts of sexual conformation and shall better supervize medical acts on intersex persons. Second, these authorities should facilitate compensation to intersex persons because of the constraints they are facing right now when they use the traditional mecanism of liability. To do this, it seems necessary to allow intersex persons to get compensation from a compensation fund, on the basis of national solidarity and under more favorable conditions than the ones needed to get compensation through liability.
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Submitted on : Thursday, January 14, 2016 - 10:55:08 PM
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Benjamin Moron-Puech. Le respect des droits des personnes intersexuées – Chantiers à venir ?. 2016. ⟨hal-01250476v2⟩

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