A Frenchman has failed the European Court of Human Rights (ECtHR) with a request to put “intersex” on the birth certificate instead of “male”. The judges in Strasbourg ruled on Tuesday that the refusal of the French authorities was not a violation of the European Convention on Human Rights.
In intersex people, physical gender is not mapped to the medical norm of male or female bodies, but moves on a spectrum in between.
In the case now up for debate, the birth certificate described the person born in 1951 as “male”. However, according to medical statements, his intersexuality was discovered shortly after birth. According to the information, this status has not changed. That is why the claimant now wanted to enter “intersexual” or “neutral” in the birth certificate and delete “male”. The French authorities refused.
ECtHR sees no violation of the human rights treaty
Rightly so, as the ECtHR has now ruled. Because the discrepancy between biological identity and legal identity can cause people suffering and fear. The right to respect for private and family life was not violated by the authorities’ refusal.
Legislative changes would be necessary for a third gender
The priority is the need for a reliable register of civil status. French law is based on two genders. Recognizing a “neutral” gender now would require new laws. However, due to the separation of powers, this can only be done by the legislature and not by the judiciary. The recognition of a third gender is a matter for society to decide. According to the judges, France can decide at what pace and to what extent it wants to meet the needs of intersex people.
The European Court of Human Rights, located in Strasbourg, France, is part of the Council of Europe. The bodies, which are independent from the EU, work to protect human rights in the 46 member states.
Source: Krone
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