A1 Refereed original research article in a scientific journal
Intersex interventions as human rights violations: The European Court of Human Rights sets out guiding principles in M v France
Authors: Alaattinoğlu Daniela
Publisher: Wiley-Blackwell
Publication year: 2023
Journal: Modern Law Review
Journal acronym: MLR
eISSN: 1468-2230
DOI: https://doi.org/10.1111/1468-2230.12795
Web address : https://onlinelibrary.wiley.com/doi/10.1111/1468-2230.12795
Self-archived copy’s web address: https://research.utu.fi/converis/portal/detail/Publication/178529431
In 2022, the European Court of Human Rights, for the first time, signalled that it regards non-consensual interventions on intersex individuals which are not motivated by medical necessity as human rights violations. This case note argues that the admissibility decision in question, M v France, albeit ruled inadmissible on procedural grounds, constitutes an important step towards binding supranational human rights standards, particularly regarding torture and ill-treatment. While M v France could inspire intersex people to further their claims as strategic litigation, the note reflects on the central questions invoked by the Court's decision and some of the legal hurdles that intersex people may face when approaching courts with claims for recognition and redress.
Downloadable publication This is an electronic reprint of the original article. |