Legal Issues on the Sex Selection Right of Intersex People

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Pajon Kongmuang
Phongsak Jehphong


The concept of sex is divided into two categories, namely male and female which directly affect the “intersex people”. This is because a surgical procedure without the consent of intersex children is the human rights violation which impacts on the fundamental rights and their life. For this reason, many countries have called for terminating such surgery without the intersex people’ consent. It is noticed that Thailand has no special legal measures to protect the intersex people. Therefore, in order to protect the human rights of these people and to comply with the Universal Declaration of Human Rights which Thailand is a party, the sex assignment surgery of the intersex requires the informed consent by such people and an approval process by specialists. This is to ensure that gender assignment of intersex people aligns with sexual orientation and gender identity.

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