In February 2023, Spain became the 5th EU country to adopt a ban on intersex genital mutilation within the law “for the real and effective equality of trans people and for the guarantee of the rights of LGBTI people” (BOE-A-2023-5366). Article 19 of the law prohibits non-consensual genital modification practices performed on intersex minors under the age of 12, with the exception of cases where the intervention is required in order to protect the person’s health.
For intersex minors between the ages of 12 and 16, such practices are allowed at the request and upon the provision of informed consent of the minor according to their age and maturity.
Article 74 outlines explicit rights afforded to intersex people regarding comprehensive and adequate attention to their health, employment and educational needs, the respect of their right to privacy, as well as specific provisions in relation to the registration of the sex marker of intersex persons at birth (see more below).
The law is comprehensive and the ground of sex characteristics is explicitly included in provisions related to education, sport, culture, cyberbullying, victim support and international protection.
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IGM Ban Indicator Checklist
The indicators aim to give policy makers and law makers a useful tool when preparing legislation to prohibit intersex genital mutilation and to establish comprehensive legal protection of the right to bodily integrity and self-determination of intersex people. They were developed based on analyses of existing IGM laws and consultation with intersex civil society across Europe about the essential elements that constitute a ban.
