Fundamental rights of intersex people are often not respected and remain largely unrecognised in European societies, according to new research by the EU Agency for Fundamental Rights (FRA).

“The rights of intersex people have been largely overlooked by policymakers and legislators across the EU over the years,” FRA interim director Constantinos Manolopoulos said.

“FRA’s work points to some of the urgent challenges that need addressing to break down the discriminatory barriers that persist and to alleviate the unnecessary suffering from medical interventions.”

Results of research presented in a new FRA Focus paper show that issues surrounding intersex people whose chromosomal, hormonal or anatomical characteristics do not match strict medical definitions of male or female have, to date, largely been treated medically.

However, institutions and civil society are beginning to be more aware of the fundamental rights implications. Currently, many member states legally require births to be certified and registered as male or female, which puts pressure on parents and health professionals to choose the sex of the new-born and to intervene medically. At least four states allow birth certificates to be filed as sex neutral and Malta is one of two to allow birth certificates to be issued without a sex identifier.

The FRA therefore recommended that gender markers in identity documents and birth registries should be reviewed to better protect intersex people.

Moreover, in at least 21 member states, medical interventions are carried out on intersex children to impose a sex. In eight, legal representatives can give consent and 18 require patient consent.

According to the FRA, questions remain over what happens when there are disagreements between the intersex child and parents.

It also noted that states should avoid non-consensual ‘sex-normalising’ medical treatments, which are viewed by international law as inhumane, cruel and degrading.