Intersex rights in Spain

Intersex rights in Spain
Location of Spain (dark green)

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

Protection of physical integrity and bodily autonomyIn some regions
Changing M/F sex classificationsIn some regions

Citizens of Spain who are intersex face problems that the wider society does not encounter. Laws that provide protection against discrimination or genital mutilation for intersex people exist only in some autonomous communities rather than on a national level. The 3/2007 law is the current law in Spain which relates to legal gender change including the rights of intersex people,[1] although a new law is about to be passed in the near future.[2]

Inter-sexuality is not widely recognized in Spain, as it is rarely discussed even within LGBT organizations. As a result, intersex people face problems such as genital mutilation during childhood, discrimination, and a lack of legal capacity to change their legal gender status after an incorrect sex assignment.[3]

Spain is known as a progressive country in reference to LGBTQ+ rights; however, its national legislation is behind those of some other countries, such as Malta and Portugal, in regard to both intersex people's rights and the rights of the LGBTQ+ community.[3]

The United Nations Committee on the Rights of the Child has condemned Spain on the grounds of genital mutilation, as the committee believes that Spain fails to comply with its obligation to protect children from genital modification.[4]

  1. ^ "Entra en vigor la Ley de Identidad de Género". El País (in Spanish). 2007-03-17. Retrieved 2019-06-01.
  2. ^ Borraz, Marta (2022-06-27). "El Gobierno aprueba la 'ley trans' que reconoce el derecho a la autodeterminación de género" (in Spanish). elDiario.es. Retrieved 2022-06-27.
  3. ^ a b "El colectivo LGTBI reivindica una ley estatal que garantice sus derechos ante el repunte del discurso del odio". RTVE (in Spanish). 2019-05-17. Retrieved 2019-05-30.
  4. ^ "CRC77 > Spain 10th European State Reprimanded for Intersex Genital Mutilation by UN". stop.genitalmutilation.org. 2018-02-18. Retrieved 2019-05-30.

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