While the Council of Europe has been praised for policies that help bridge the gap in intersex rights, the EU’s LBGTIQ+ Strategy has been criticised as once again sidelining intersex people
BY KLARA FERRAIOLI-SCHUBERT, IMAGE BY GETTY/CANVA
Intersex rights across Europe, as well as in the UK, face devastating legal gaps. Within politics, within society and even within the LGBTQIA+ community, intersex people are marginalised and overlooked.
The Equality Act 2010, which was viewed as a turning point for trans rights, protects individuals from discrimination based on nine “protected characteristics”, which include sex and gender reassignment. However, the Act does not explicitly mention intersex people.
Without explicit recognition, intersex people are only protected when their experiences intersect with legally recognised categories, leaving dangerous gaps in clarity and coverage.
The Council of Europe is taking concrete steps to close these gaps. On 7 October, they published their recommendation for equality for intersex people, introducing policies and practices that are specific to intersex people and their experiences.
The document, described as a “watershed” recommendation, includes policies which will prohibit non-consensual medical interventions for intersex people, implement anti-hate crime and hate speech legislation, promote equality and non-discrimination in education and sport and work to empower intersex communities.
Dan Christian Ghattas, Executive Director of OII Europe, has said that the recommendation “marks a historic and much-needed milestone.”
“It powerfully highlights the significant gaps in rights protections that intersex individuals continue to face.”
These policies are vital and long overdue. Medical interventions have long been a central concern when it comes to intersex advocacy. Countless intersex people have been subject to invasive and traumatic surgeries without their informed consent, often in childhood.
These procedures have been condemned as a violation of bodily autonomy. While the Council of Europe’s recommendation sets important standards and encourages member states to act, it isn’t legally binding. Just one day after the Council published its recommendation, the EU launched their second LGBTIQ+ Equality Strategy.
The EU’s Strategy, which does carry legal weight, focuses on protecting LGBTQIA+ from violence and empowering them to live free from discrimination. However, many have criticised the Strategy for once again overlooking intersex people and lacking concrete, targeted measures to protect intersex rights.
In once again sidelining intersex rights, critics have said that the EU’s Strategy fails to acknowledge the growing threat to intersex people. OII Europe states that the Strategy reveals a “lack of ambition” to act decisively in the face of increasing violence and discrimination against intersex people.
In September 2025, a survey conducted by the EU revealed that since 2019, intersex people have been facing increased violence, harassment, and discrimination. It found that 34% of respondents had been physically or sexually assaulted in the five years prior to the survey. This is a sharp increase of 22% from 2019, when only 15% of respondents had experienced violence.
“While the renewal of the EU LGBTIQ Strategy does send a signal of hope to LGBTIQ persons across Europe,” said Ghattas. “We find the lack of targeted measures aimed directly at combating fundamental rights violations and discrimination experienced by intersex persons particularly worrying.”
While the Council’s recommendation shows a significant step towards intersex equality, more work is needed to ensure that intersex identities are fully acknowledged, validated and protected.
Love media made by and for LGBTQIA+ women and gender diverse people? Then you’ll love DIVA. We’ve been spotlighting the community for over 30 years. Here’s how you can get behind queer media and keep us going for another generation: ✨linkin.bio/ig-divamagazine ✨
Did you know that DIVA has now become a charity? Our magazine is published by the DIVA Charitable Trust. You can find out more about the organisation and how you can offer your support here: divacharitabletrust.com 🌈
