Between biology and legislation, how is gender neutral or intersex defined?

Between biology and legislation how is gender neutral or intersex

The sexual binarity boy or girl has always seemed to be in the order of things. However, there is a wide variety of situations around intersex or intersexuality. The question of gender, like the lack of consensus on the definition, fuels confusion and reinforces the stigmatization of the people concerned. Moreover, and from a legal point of view, neutral sex does not exist in France.

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Intersex refers to biological sex and does not refer to sexual orientation or gender identity. This generic term refers to various natural variations affecting the genitals. Although there are few data, the intersex birth rate is estimated at around 1.7%.

Biology and criteria for defining intersex

The causes are diverse, which may involve Genoa responsible for the sexual differentiation of the embryo (SRY gene) or be linked to an extra number of chromosomes (syndrome of Klinefelter developed by people with XXY chromosomes). Sometimes it’s the body’s inability to read the messages hormonal. Visible at birth or later at puberty, these signs may remain discreet physical.

To measure the degree of intersex, doctors use a tool invented in the 1950s, the Prader scale comprising six degrees from 0 (clearly female external genitalia) to 5 (clearly male external genitalia). But for a number of researchers, the definition of an individual’s sex would involve several criteria and is not as restrictive. Quite often, intersex children undergo major operations in order to give their bodies the desired appearance. Physical and psychological suffering are associated with a remoteness from the health system, notes the High Authority of Health (HAS).

Rights of intersex people

In 2013, intersex activists representing 30 organizations came together to develop the Malta Declaration, which highlights light the demands and recommendations of the movement international intersex. As far as France is concerned, the legislation is unequivocal: it is impossible to include on a civil status a sex other than male or female (court of cassation of May 4, 2017).

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