Analysing intersex rights narratives in Spain

Abstract

The last decade has seen significant legislative changes enacted for intersex people worldwide. In Spain, regional and national LGBTI+ laws that include the rights of intersex individuals have also been passed. Drawing on theories of how public problems are represented, this article analyses the representations of intersex rights in Spain, problematizing some of the assumptions currently embedded in political debates. An examination of the main discourses of the stakeholders involved in intersex debates between 2018 and 2023 found two primary discourse representations: (1) sex is binary by nature; and (2) intersex is an example of body diversity, tied to debates on gender self-determination and the new national LGBTI+ law. These representations have embodied consequences for intersex individuals, who are often subjected to non-consensual, irreversible and potentially harmful medical interventions. Despite the persistence of the pathologization of variations of sex characteristics, changes in legislation and key medical documents (such as identity cards and birth certificates), the emergence of intersex activism and intersex-inclusive policies indicate an important shift in intersex rights in Spain.