Application no. 42821/18
From the Introduction:
These written comments are submitted on behalf of OII Europe (Organisation Intersex International Europe e.V.), ILGA-Europe (European Region of the International Lesbian, Gay, Bisexual, Trans and Intersex Association), and C.I.A. (Collectif intersexes et allié-e-s) pursuant to leave granted by the President of the Fifth Section. The present case concerns the breach of bodily integrity through sex-assignement procedures on intersex children and the obstacles faced when seeking reparation before the Courts. The third-party interveners analyse the operations imposed on intersex persons in the light of broader trends at the national, regional and international levels that favour recognizing operations on intersex children as breaching the prohibition of inhuman and degrading treatment and torture. It further provides contextual information and comparative law in relation to the obstacles faced by intersex persons in accessing justice. In doing so, the present submission places the Court’s jurisprudence in a wider legal and policy context, drawing from regional and international comparative law. The submission provides information about “intersex” as a variation of sex characteristics which does not require medical intervention (I). It analyses the severe suffering caused by sex-assignement procedures in the light of Article 3 of the Convention and broader international developments (II). It further reviews the current obstacles faced by intersex people seeking access to justice, documenting lack of information and secrecy around their situation (III). Last, the submission brings into light the emerging trend towards recognition of the need for a flexible approach to statutes of limitation, placing recent national, regional and international law developments in the context of Article 6 of the Convention (IV). The Annexes support the arguments through testimonies of intersex persons and medical professionals.