This article needs to be updated. The reason given is: A new law went into effect (https://www.lavozdegalicia.es/noticia/sociedad/2023/03/01/nueva-ley-aborto-ley-trans-entraran-vigor-manana/00031677662085396784633.htm). (March 2023) |
Intersex rights in Spain | |
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Protection of physical integrity and bodily autonomy | In some regions |
Changing M/F sex classifications | In some regions |
Intersex topics |
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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]