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February 22, 2026International Journal of Law in Context0 citationsOpen Access

Intersex human rights: a double-edged sword

MMMireia Garces de Marcilla

Key Points

  • The aim is to analyze how human rights frameworks impact the intersex movement and healthcare practices.
  • Critical analysis of human rights scholarship related to intersex issues.
  • Identification of activist group tendencies: reformism, coerciveness, and juridification.
  • Examination of the role of international agencies in intersex advocacy.
  • Human rights approaches enhance legitimacy and visibility for intersex issues.
  • These approaches may unintentionally foster a framework of remedicalisation.
  • The focus shifts from social inequalities to legal recognition, risking depoliticization of intersex variances.

Abstract

Abstract This article brings critical human rights scholarship into the intersex sphere to unearth the potential limitations of the growing deployment of human rights to improve the health care experiences of intersex people. It traces the changing tactics of intersex activist groups and identifies three tendencies – reformism, coerciveness and juridification – that may be brought by the intersex movement and international agencies embracing human rights as the vernacular. This article argues that the dominance of the human rights approach, while allowing the intersex struggle to gain legitimacy, visibility and recognition, risks fuelling a depoliticised framework of remedicalisation and increased penality. It deflects attention from the endeavour of interrogating the social and cultural foundations rendering intersex variances a deviant form of embodiment.

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Cite This Study

Mireia Garces de Marcilla (2026) studied this question.

synapsesocial.com/papers/699a9d65482488d673cd34d4https://doi.org/10.1017/s1744552326100391
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Also Consider

Synapse has enriched 5 closely related papers on similar clinical questions. Consider them for comparative context:

  1. 1Cultural Awareness of Intersex in Malta: Invisibility, Stigma and Epistemic Injustice2024 · 6 citations
  2. 2Securing Prison through Human Rights: Unanticipated Implications of Rights‐Based Penal Governance2018 · 40 citations
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  4. 4An Interview with Cheryl Chase2006 · 5 citations
  5. 5The effect of clitoral surgery on sexual outcome in individuals who have intersex conditions with ambiguous genitalia: a cross-sectional study2003 · 319 citations