@article{2014:brachthuser:der_rechts,
title = {Der rechtsfreie Raum zwischen den Geschlechtern – Gewalt an intergeschlechtlichen Menschen und resultierender Bedarf an Schutznormen},
year = {2014},
note = {Inter-sexuality is an almost unknown phenomenon in society. Mostly
unknown is the fact that inter-sexual children are subjected
immediately after birth to gender reassignment surgery in accordance
with standard medical practice, which in many cases leads to
irreversible physical and mental suffering. In particular, under the
impact of the "circumcision debate" the insistence was often
formulated to limit the right of parental consent in medical
procedures on the child. In the case of gender reassignment surgery,
this has barely happened with inter-sexual children.The article
examines the concept of violence in the context of gender reassignment
surgery to inter-sexual children. The underlying understanding of
violence is borrowed from the feminist discourse.Integrated violence
in the mixture of medical "best practices" and "child's well-being" is
actually not so easy to identify. Therefore, the question arises as to
what the state conditions are that even make the use of violence at
all possible. And further: how does the government exercise its
responsibility to stop the violence by closing these lawless areas?
The article attempts a legal analysis to get down to the bottom of
these issues. In particular, the legal concept of "child's well-being"
reflects what kind of political protective obligations actually exist.
On the basis of this argumentation, it becomes clear why the violence
to inter-sexual children is hardly known and also why it is necessary
that this should change in future.},
journal = {KritV Kritische Vierteljahresschrift für Gesetzgebung und Rechtswissenschaft},
pages = {292--311},
author = {Brachthäuser, Franziska and Richarz, Theresa},
volume = {97},
number = {3}
}