Intersex rights in Germany

Intersex rights in Germany
Location of Germany (dark green)

– in Europe (light green & dark grey)
– in the European Union (light green)  –  [Legend]

Protection of physical integrity and bodily autonomyYes, with loopholes
Protection from discriminationNo
Changing M/F sex classificationsYes
Third gender or sex classificationsYes (since December 2018)
MarriageYes (since 1 October 2017)

Intersex people in Germany have legal recognition of their rights to physical integrity and bodily autonomy, with exceptions, but no specific protections from discrimination on the basis of sex characteristics. In response to an inquiry by the German Ethics Council in 2012, the government passed legislation in 2013 designed to classify some intersex infants as a de facto third category. The legislation has been criticized by civil society and human rights organizations as misguided.

Research published in 2016 found no substantive reduction in the numbers of intersex medical interventions for infants and children with intersex conditions in the period from 2005 to 2014. In 2021, the Bundestag (the German parliament) passed legal protections, albeit protections that have been criticized due to exceptions to the law.


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