Recognition of Identity of Intersex Individuals With a Look at the Practice of the European Court of Human Rights; Dialogue as a Lost Element
Akhlāq-i zīstī i.e., Bioethics Journal,
Vol. 15 No. 40 (1404),
14 July 2025
,
Page 1-17
https://doi.org/10.22037/bioeth.v15i40.47465
Abstract
Background and Aim: The concern for identifying minority identities, such as intersex individuals, is important because it places them in an equal position with women and men. This group of individuals, who are in an intermediate position purely biologically and sometimes in terms of gender status, have been neglected by governments for years. This research aims to uncover the neglected identity of this group of minorities by examining the capacities available in the key theories of dialogue and highlighting its hard core, which is collective intentionality, by emphasizing the need for dialogue between the subject of identification and the actors of identification. In order to show the importance of this case in the era of sexual and gender formation of intersex individuals, which is the result of not recognizing the truth and reality of their identity, it analyzes and pathologically analyzes the attitude of the European Court of Human Rights that is evident in the cases concerning these individuals.
Methods: The present research is a descriptive-analytical study, as an interdisciplinary study, with a close look at the links between the knowledge of public law and medical science and the philosophy of dialogue, and its data has been provided through up-to-date library research and study.
Ethical Considerations: Throughout the research process, the principles of honesty and trustworthiness have been observed.
Findings: The European Court of Human Rights, by implicitly acknowledging the need to recognize the identity of intersex individuals in its decisions and then maximally adhering to the doctrine of the margin of appreciation and leaving the decision-making on the recognition of intersex individuals to the respondent states, while remaining passive in the path of constitutionalising the fundamental rights of these individuals, suffers from a lack of argumentative coherence.
Conclusion: Dialogue, as an efficient method, not only has sufficient capacity to overcome the described crisis, but also, by providing a mutual experience of perception between the subject of recognition and the object of recognition, it encourages the collective intentionality to see the ever-existing minority as it is and to "recognize" it.
- Recognition
- Dialogue
- Intersex Individuals
- European Court of Human Rights
How to Cite
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