Intersex rights in Colombia | |
---|---|
Protection of physical integrity and bodily autonomy | No |
Protection from discrimination | No |
Changing M/F sex classifications | Yes |
Marriage | Yes |
Rights by country | |
In 1999, the Constitutional Court of Colombia became the first court to consider the human rights implications of medical interventions to alter the sex characteristics of intersex children. The Court restricted the age at which intersex children could be the subjects of surgical interventions.
The Constitutional Court of Colombia was the first court to consider the human rights implications of intersex medical interventions, in a case that restricted the age at which intersex children could be the subjects of surgical interventions.
Colombia does not prohibit harmful practices on children, but they are regulated through a series of decisions made by the Constitutional Court of Colombia relating to the bodily autonomy of infants and children, including those with intersex conditions.
In Sentencia T-477/95, the Court considered the case of YY, a non-intersex teenage boy who had been raised a girl after an accidental castration and subsequent feminizing genital surgeries. He took the case after learning of his medical history. The Court ruled that the teenager’s right to identity had been violated, and that the sex of a child could not be altered without the child’s informed consent.
In Sentencia SU-337/99, of May 12, 1999, the Court varied the earlier decision on informed consent for genital surgeries in children. The Court ruled in the case of XX, an 8-year old with ambiguous genitalia, androgen insensitivity and XY chromosomes, raised as a girl. Doctors recommended feminizing surgeries, including a gonadectomy, vaginoplasty and clitoroplasty before puberty, but the hospital would not proceed without the consent of the Colombian Institute of Family Welfare and the Office of the Public Advocate (Defensor del Pueblo de la Seccional del Departamento XX). The mother brought a case against Institute and Office of the Public Advocate, seeking to provide substitute consent. The mother argued that “the capacity to decide, it would be too late and would prevent normal psychological, physical, and social development”.