A1 Refereed original research article in a scientific journal

A Castle in the Sky? The Icelandic Ban on Non-Therapeutic, Non-Consensual Interventions on Intersex Children in Context




AuthorsAlaattinoğlu, Daniela; Ragnarsson, Kári Hólmar

PublisherSweet & Maxwell

Publication year2025

JournalEuropean Human Rights Law Review

Issue4

First page 408

Last page425

ISSN1361-1526


Abstract

Framing non-consensual, medically unnecessary interventions as human rights violations has become a priority for global intersex movements in recent years. However, establishing binding legal norms in this area remains challenging. Few countries have prohibited such interventions and scholarly discussions on these bans are still in their early stages. This article offers a contextual case study of Iceland’s 2020 ban, as one of the few countries to outlaw non-consensual, non-therapeutic interventions on children with variations in sex characteristics. Drawing parallels with similar bans in other European countries, the article argues that framing the issue in terms of rights has been effective in mobilising action, building consensus and driving legislation.Yet, the broad and ambiguous framework underlying these laws appears to result in ineffective implementation, making such legislative bans at risk of becoming symbolic achievements for states, offering limited protection and few remedies for intersex people.


Funding information in the publication
The research for this article has been supported by the Icelandic Research Fund (grant number 206677-053) and the finalisation of the article has been supported by the Faculty of Law at the University of Turku.


Last updated on 2025-08-09 at 13:30