The protection of the rights of intersex persons is moving to a new level
On October 7, 2025, the Committee of Ministers of the Council of Europe unanimously adopted Recommendation CM/Rec(2025)7 on equal rights for intersex persons, which can be considered a significant step forward in ensuring the protection of fundamental rights of intersex persons and addressing vital needs in everyday life.
Through the recommendation, Council of Europe member States are, in particular, called upon to take measures to prevent discrimination and intolerance against intersex persons, as well as other rights violations stemming from such treatment, to eliminate harmful practices, and to provide protection to individuals in various areas such as education, healthcare, social care, provision of public services, and so on. It is, in particular, the first international document exclusively related to the protection of the rights of intersex people. A particularly important achievement is the prohibition of medical intervention without the informed consent of a person and the sectoral regulations aimed at eliminating discrimination presented below.
The recommendation first and foremost addresses the protection of civil and political rights, such as the right to life, respect for dignity, the right to a fair trial, personal liberty, the right to respect for private and family life, and so on. As acts of high severity, States are also required to bring their legislation in line with standards regulating hate crimes and hate speech.
It then goes on to thoroughly address socio-economic rights, such as the right to work and the right to health, which includes both the provision of healthcare services and their accessibility, as well as the provision of healthcare based on need.
As a foundational issue, the legal recognition of gender is also highlighted, which derives both from the right to private life and may result in limitations in various social relations.
Steps are also foreseen in the direction of raising awareness both within society and among the intersex community and professionals, which is of essential importance from the standpoint of preventing discrimination.
The recommendation, in effect, has laid the groundwork for a mechanism of periodic accountability regarding the situation of intersex persons, which implies the implementation and ongoing application by member States of the measures indicated by the Committee of Ministers of the Council of Europe, as well as a commitment to provide information on their progress. The body responsible for overseeing the implementation of the measures is again the Committee of Ministers, to which the member States must be accountable.
Taking into account the gap in the protection of the rights of intersex persons in Armenia and the years-long neglect of these issues, we express hope that the government will first and foremost carry out a comprehensive assessment of the situation of intersex persons in the country, of legislative gaps and harmful practices, and develop a policy to address the deeply rooted issues as needed, in a step-by-step manner.
Considering the expert resources of civil society organizations, we expect the government to show willingness for cooperation in order to carry out the needs assessment and work with professionals more effectively.
