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
Authors: Alaattinoğlu, Daniela; Ragnarsson, Kári Hólmar
Publisher: Sweet & Maxwell
Publication year: 2025
Journal: European Human Rights Law Review
Issue: 4
First page : 408
Last page: 425
ISSN: 1361-1526
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.