Intersex rights in Germany
| Intersex rights in Germany | |
|---|---|
Location of Germany (dark green)
– in Europe (light green & dark grey) |
|
| Prohibition of non-consensual medical interventions? | No |
| Reparations? | No |
| Anti-discrimination protection | No |
| Changing M/F identification documents | Yes |
| Third gender or sex classifications | Compulsory for some infants, otherwise not available |
| Marriage | Varies |
| Rights by country | |
– in Europe (light green & dark grey)
– in the European Union (light green) – [Legend]
Intersex people in Germany have some of the same rights as other people, but with significant gaps in protection from non-consensual medical interventions and protection from discrimination. In response to an inquiry by the German Ethics Council in 2012, the government passed legislation in 2013 designed to classify some intersex infants to a de facto third category. The legislation has been criticized by civil society and human rights organizations as misguided.
The 12th-century canon law collection known as the Decretum Gratiani states that "Whether an hermaphrodite may witness a testament, depends on which sex prevails" ("Hermafroditus an ad testamentum adhiberi possit, qualitas sexus incalescentis ostendit.") On ordainment, Raming, Macy and Cook found that the Decretum Gratiani states, "item Hermafroditus. If therefore the person is drawn to the feminine more than the male, the person does not receive the order. If the reverse, the person is able to receive but ought not to be ordained on account of deformity and monstrosity."
Historical accounts of intersex people are scarce, but 19th-century medical journals document Gottlieb Göttlich, a man who made a living from being studied by medical practitioners. German athlete Dora Ratjen competed in the 1936 Olympic Games in Berlin, placing fourth in the women's high jump. She later competed and set a world record for the women's high jump at the 1938 European Championships. Raised as a girl, tests by the German police concluded that Ratjen was a man. Ratjen later took the name Heinrich Ratjen following an official registry change. formal sex verification testing was controversially later introduced in sport. Other German sportspeople with intersex conditions include retired tennis player Sarah Gronert.
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