Recommendation on Equal Rights for Intersex Persons
Intersex persons are individuals who have innate variations of sex characteristics that vary from the societal and/or medical understanding of typical female and male bodies. They continue to face serious abuses of their rights, including harmful medical interventions without their consent, discrimination, stigmatisation and social exclusion.
These practices amount to grave violations of their dignity, bodily integrity, autonomy, physical and mental well-being, protection from inhuman or degrading treatment, and hinder their full and equal participation in society.
The Recommendation CM/Rec(2025)7 of the Council of Europe’s Committee of Ministers on Equal Rights for Intersex Persons (See also the Recommendation's Explanatory Memorandum) provides comprehensive guidance to protect and promote their human rights. Building on the European Convention on Human Rights and other existing standards, the Recommendation offers a holistic approach covering all areas of life and promoting the meaningful participation of intersex persons in public life.
What do “intersex” and “sex characteristics” mean?
The Recommendation defines sex characteristics as each person’s physical and biological features relating to sex. These include internal and external genitalia, sexual and reproductive anatomy, gonads, chromosomes, hormones, and the distribution of body hair, fat, and muscle mass. Intersex refers to persons who have innate variations of sex characteristics that vary from the societal and/or medical understanding of typical female and male bodies. Innate means inherent, present from birth, and such variations can either be visible at birth or emerging later, for example during puberty. The use of terminology in this context can vary. Not all persons with innate variations of sex characteristics identify as intersex. Some may prefer alternative terms, including those employed in certain medical, academic, or advocacy settings. The implications and perceived connotations of these terms can differ. Some persons may view certain terminology as pathologising (treating natural variations as medical disorders that require “fixing”) or stigmatising. Accordingly, it is essential to respect personal preferences and to remain sensitive to the evolving nature of language in this field.
The new recommendation on equal rights for intersex persons
- Recognises the unique experiences, challenges and vulnerabilities of intersex persons, including discrimination, stigmatisation, marginalisation, social exclusion and violence, often rooted in pathologisation and stereotypes related to sex, sexuality and gender, which seriously affect their physical and mental well-being.
- Affirms that equal protection, respect and enjoyment of human rights for intersex persons require comprehensive and coherent approaches, including appropriate legislation, policy and other protective measures, across all sectors, that are effectively implemented and regularly reviewed, supported by data collection and analysis.
- Highlights the importance of meaningful participation of intersex persons and their organisations, together with sustained efforts by States and co-operation with institutions and civil society at all levels.
- Promotes dialogue and co-operation at national, European and international levels to advance equality and dignity for intersex persons
What Governments should do
Prohibition of non-consensual medical interventions on intersex persons
Prohibition of non-consensual interventions should be guaranteed for intersex persons, as for any other person, through legislation explicitly banning medical interventions on sex characteristics, including surgical, hormonal or mechanical procedures, without prior, free, informed, express and documented consent.
Interventions on children or others without capacity to consent must be postponed until they can decide for themselves. Exceptions should be allowed only in cases of imminent threat to life or serious physical harm, or where a sufficiently mature minor explicitly requests intervention with robust safeguards in place.
Monitoring, accountability and redress
Monitoring, accountability and redress should be ensured through mechanisms to oversee compliance. In case of past violations, access to justice, compensation and other remedies, as well as full access to medical records and information should be ensured.
Asylum procedures
Intersex persons should be protected in asylum procedures by recognising persecution on grounds of sex characteristics as a valid basis for asylum.
Places of deprivation of liberty
In all places of deprivation of liberty, tailored protocols should be developed to ensure dignity, healthcare and privacy for intersex persons.
Hate crime and hate speech legislation
Hate crime and hate speech legislation should encompass sex characteristics as a protected ground and ensure protection, support and remedies for victims. This should be underpinned by systematic data collection and monitoring.
Equality and non-discrimination in education and sport
Equality and non-discrimination should be ensured by promoting inclusion and diversity policies across education, work, sport, healthcare, housing, cultural and political life. Discrimination on the ground of sex characteristics should be prohibited in all sectors. In education, this requires safe and supportive environments free from bullying and exclusion, inclusive curricula that reflect the diversity of sex characteristics, and effective support for intersex students. Participation in sport at all levels should be ensured without any additional requirements, such as specific examinations or medical interventions on sex characteristics.
Healthcare
Healthcare provision should be equitable, lifelong, publicly funded and tailored to the needs of intersex persons, including psychological and social support, fertility preservation, gender-affirming care where relevant, and reparative treatment for past harms. Families and caregivers should also have access to appropriate support. Medical protocols and training should be human-rights-compliant, non-discriminatory and regularly reviewed with the participation of intersex-led organisations.
Private and family life
Private and family life should be protected by reviewing timeframes and ensuring privacy in birth registration, quick and accessible legal gender recognition procedures, and equal access to family rights, including partnerships, marriage and parenting.
Data and research
Data and research disaggregated by sex characteristics should be collected, include intersex persons and their organisations at all stages, study the long-term impact of non-consensual interventions, and fully protect privacy.
Training and awareness raising
Training and awareness raising should be ensured across all relevant sectors, emphasising the natural occurrence of variations in sex characteristics rather than framing them as a disease, promoting human rights based, accurate, stigma-free public and media representations.
Empowerment of intersex communities
Empowerment of intersex communities should enable them to meaningfully participate in policy processes, to exercise freedom of expression, assembly and association, and ensure funding and peer-to-peer counselling.
International co-operation
International co-operation should ensure cross-border protection of intersex persons’ rights, promote the exchange of good practices, and support human-rights-based reviews of international medical classifications and guidelines.
How can the Council of Europe support implementation ?
The Council of Europe can assist member States in putting the Recommendation into practice. The Recommendation itself serves as a tool for reform, and this can be complemented by targeted support from the Council of Europe through policy and legal advice, helping governments to review and adapt their laws and practices. The Organisation can also facilitate exchanges of good practice, provide capacity-building, and work with intersex organisations and civil society to ensure that reforms are grounded in lived realities.
Reference texts
The Recommendation builds on existing human rights standards and key reports, including:
Conventions and Treaties of the Council of Europe
- European Convention on Human Rights (ETS No. 005) (Article 2 right to life; Article 3 prohibition of torture; Article 6§1 right to a fair trial; Article 8 respect for private and family life; Article 12 right to marry and found a family; Article 14 prohibition of discrimination)
- Convention for the protection of human rights and dignity of the human being with regard to the application of biology and medicine: Convention on Human Rights and Biomedicine (Oviedo Convention, ETS No. 164) (medical interventions, consent, children’s rights, judicial protections, sanctions)
- European Convention on the Exercise of Children’s Rights (ETS No. 160) (participation rights of children in judicial and administrative proceedings)
- Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention, ETS No. 210) (Article 44 on jurisdiction; parallels drawn to FGM obligations)
- European Social Charter (revised, ETS No. 163) (Article 11 right to protection of health)
Committee of Ministers Recommendations
- Recommendation CM/Rec(2024)4 of the Committee of Ministers to member States on combating hate crime (explicitly includes sex characteristics)
- Recommendation CM/Rec(2022)16 of the Committee of Ministers to member States on combating hate speech (covers sex characteristics and LGBTI-phobic hate speech)
- Recommendation CM/Rec(2012)2 of the Committee of Ministers on the participation of children and young people under the age of 18 (participation and evolving capacities in decision-making)
- Recommendation CM/Rec(2010)5 of the Committee of Ministers to member States on measures to combat discrimination on grounds of sexual orientation or gender identity (contextual background for SOGI protections)
Parliamentary Assembly of the Council of Europe (PACE) Resolutions
- Resolution 2417 (2022) Combating rising hate against LGBTI people in Europe (rise of hate, need for comprehensive protection including intersex persons)
- Resolution 2191 (2017) Promoting the human rights of and eliminating discrimination against intersex people (condemnation of unnecessary surgeries, rights to bodily integrity)
- Resolution 1952 (2013) on Children’s right to physical integrity (concerns harmful practices incl. medical interventions on intersex children)
Commissioner for Human Rights
- Issue Paper on Human Rights and Intersex People (2015) (exposes violations incl. medicalisation, discrimination, lack of legal recognition)
- Human Rights Comment: “A boy or a girl or a person – intersex people lack recognition in Europe” (2014) (urging governments to review legislation and practices)
European Commission against Racism and Intolerance (ECRI)
- ECRI General Policy Recommendation No. 17 on preventing and combating intolerance and discrimination against LGBTI persons (2023) (includes sex characteristics)
- ECRI General Policy Recommendation No. 15 on combating hate speech (2016) (referenced in relation to hate speech against intersex persons)
- ECRI country monitoring reports (various references on treatment of intersex persons in member States)
Other Council of Europe Bodies
- Guide to Children’s Participation in Decisions about their Health (CDBIO, CDENF, 2024) (child-centred approach in healthcare decision-making)
- Guidelines of the Committee of Ministers on child-friendly health care (2018) (child participation in health-related decisions)
- Council of Europe’s Committee on Bioethics (CDBIO): The rights of children in biomedicine (2017) (bioethics and children’s rights)
European Union
- European Parliament resolution of 14 February 2019 on the rights of intersex people (2018/2878(RSP))
- European Parliament resolution of 18 December 2019 on public discrimination and hate speech against LGBTI people, including LGBTI-free zones (2019/2933(RSP))
- EU Agency for Fundamental Rights (FRA), EU LGBTIQ Survey III (2023 data, published 2024)
United Nations
- Human Rights Council Resolution 55/14, “Combating discrimination, violence and harmful practices against intersex persons” (2024)
- OHCHR, “Technical Note on the Human Rights of Intersex People: Human Rights Standards and Good Practices” (2023)
- “Eliminating forced, coercive and otherwise involuntary sterilization – An interagency statement” (2014, OHCHR, UN Women, UNAIDS, UNDP, UNFPA, UNICEF, WHO)
- Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, A/HRC/22/53 (2013)
- UN Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) (2015)
- Committee on the Rights of the Child, General comment No. 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration
- Committee on the Rights of the Child, General comment No. 13 (2011) on the right of the child to freedom from all forms of violence
- Committee against Torture, General comment No. 3 (2012) on the implementation of article 14 by States parties
- UN Free & Equal, “Intersex” factsheet (2015)
- Compendium on Comprehensive Sexuality Education (OHCHR Special Procedures, 2023)
#EuropeGoesPurple is an open invitation to all institutions, organisations, communities and individuals.
Together, let’s raise awareness, spark conversation, and show solidarity with intersex people.
From 26 October to 8 November 2025, let’s go purple.
#EuropeGoesPurple – Equal Rights for Intersex People
The dedicated campaign website provides:
- Campaign overview and resources: info kits, visuals, videos, press materials.
- Calendar of events across Europe.
- Map of purple light-ups with photos and dates.
