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Part of the book series: Philosophy and Medicine ((PHME,volume 131))

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Abstract

Drawing on the work of philosopher and ethicist Eva Feder Kittay (Thoughts on the desire for normality. In: Parens E (ed) Surgically shaping children: technology, ethics, and the pursuit of normality. The Johns Hopkins University Press, Baltimore, pp 90–110, 2006), This chapter explores contemporary tensions relating to atypical sex and the two routes to normality that have emerged. The first involves normative interventions which eliminate or render atypical sex invisible by making atypical sex bodies conform to dualistic notions of sex. The second involves modifying the concept of normal to include atypical sex. This chapter also provides the reader with an initial sense of how normative meaning and objective facts are grounded differently and how these differences can sometimes conflict which is further explored in later chapters.

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Notes

  1. 1.

    Other ethical concerns relating to PGD include increasing the gap between rich and poor, lack of regulation leading to reproductive tourism, destruction of embryos, stigmatisation of disability, pathologisation of difference and unrealistic parental expectation leading to greater litigation.

  2. 2.

    It should be noted that not all organisations and groups dedicated to atypical sex development have adopted this anti-normalising political stance. There are support organisation that are not necessarily opposed to normalising practices.

  3. 3.

    A comprehensive list of human rights documents relating to intersex is provided by OII, available from; http://oiieurope.org/wp-content/uploads/2016/03/International-intersex-human-rights-movement_Links-to-human-rights-documents-adressing-intersex-and-important-events.pdf

  4. 4.

    There are surprisingly few court cases relating to atypical sex – a search of the web highlights only six. In 1999 the Colombian Supreme Court found that ‘[b]ecause there is a lack of evidence that intersex infant surgeries are effective or medically necessary’ parents could not consent to these surgeries (Thorn 2014: 615). To date there seems to be only two individuals who have been awarded compensation for medical or surgical mistreatment. In Germany in 1977 Christiane Völling’s surgeon removed her ovaries, uterus and fallopian tubes, in 2016 she was awarded €100,000 (ICJ 2016). In 2006 in North Carolina (USA) M.C. Crawford underwent genital surgery while in state care. In 2017 his adoptive family settled for $440,000 following a four-year legal battle in which they sued for lack of informed consent (InterAct 2016; Lambert 2017). There are two other cases going through the courts in Germany (Seelenlos 2015; Thorn 2014). In Australia in 2016 a family seeking to surgically remove their 5 year old daughter’s testes enquired whether they needed court approval. As Judge Colin Forrest deemed the surgery to be “therapeutic” he ruled that the parents did not need a court’s permission to proceed with the surgery (BBC.com 2016).

  5. 5.

    While providing information for parents, this document’s advocating of the term ‘disorder of sex development’ has met with some controversy (Consortium 2006).

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Delimata, N. (2019). Normative Interventions and Inclusive Practices. In: Articulating Intersex: A Crisis at the Intersection of Scientific Facts and Social Ideals. Philosophy and Medicine, vol 131. Springer, Cham. https://doi.org/10.1007/978-3-030-21898-0_3

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