English

  SU- 337/99  Right to sexual identity and free development of the hermaphrodites.

Brief: The legal problem that the Court had to solve was to determine whether, in the case of a girl with undefined sexual characteristics, her parents or legal guardians, could authorize a surgery to adjust her body to a sex (male or female) according to a medical criterion. The Court addressed the informed consent, not only about the medical treatments but more specifically those cases involving minors. The Court ruled that in those cases the minors should decide on their sexual identity. Likewise, the Court guaranteed the girl´s rights to free development of personality and equality. Thereby this Court ordered to conform an interdisciplinary team to deal with this case and offer her all the social and psychological support that she and her mother need to understand properly the situation faced by them.