Sex characteristics are the chromosomal, gonadal, hormonal and anatomical characteristics of the person, which include primary characteristics, such as chromosomes, reproductive organs, etc., and secondary characteristics, such as muscle mass, breast or hair growth, etc.

In the medical community, interventions to “normalise” sex characteristics are proposed/followed after a diagnosis of “Disorder of Sex Development” as specifically called; or “Congenital Abnormalities” or Disorders/Differences of Sex Development (DSD). These medical terms have been considered pathologising and stigmatising by the intersex community, as they often unnecessarily pathologise intersex bodies, but they were used in the Greek law 4958/2022 in order to clarify which to avoid confusion with operations performed on trans people following their wish and informed consent. 

It is prohibited to perform medical operations and treatments on a minor intersex person under the age of 15, such as surgical or hormonal operations for the total or partial change of sex characteristics, i.e. chromosomes, genital and anatomical characteristics of the person, which include primary characteristics, such as reproductive organs, and secondary characteristics, such as muscle mass, the development of breasts or hair growth (Articles 17-20 of Law 4958/2022). For an indicative and non-exhaustive list of specific operations and treatments click here.

The law applies to minor intersex persons who are under 15 years of age.

Medical operations and treatments on an intersex minor under the age of 15 are only allowed with permission from the Magistrate’s Court. The permission is granted only for medical operations that cannot be postponed and provided that they will not cause future and irreversible complications to the minor’s health. Exceptions are made for operations and treatments carried out for social, cultural or aesthetic reasons. Such authorisation shall not be required where the medical operation or treatment is necessary to prevent danger to the life or health of the minor. The Magistrate’s Court follows a non-contentious proceeding and the hearing is held behind closed doors to protect the privacy of the intersex child. In order for the permission to be granted there must be:

1. An opinion of a multidisciplinary committee as defined in Article 18
2. A hearing of the representative of the multidisciplinary committee,
3. A hearing of the minor by the court: during the hearing, the provisions on free and informed consent as already mentioned in Article 17 are again applied.

An intersex minor who has reached the age of 15 may undergo medical operations and treatments, such as surgical or hormonal operations, for the total or partial change of sex characteristics only with the free and informed consent of the minor and of persons having parental responsibility or parental care. In order to ensure that the minor intersex person over 15 years of age can consent, the following conditions must be met:

1. the information provided to the minor should be based on updated medical information on the risks, medium and long-term consequences, the existence of alternative medical options, as well as non-medical information on living with variations in sex characteristics
2. the minor should be provided with individualised psychological or psychosocial counselling and peer counselling – it is important that an independent professional with experience on intersex is involved in the process.

The acts in question are illegal so medical practitioners who perform such medical acts or treatments on a minor intersex person without a permission are liable to disciplinary and administrative sanctions, a minimum of six months’ imprisonment, a fine and, regardless of the amount of the fine, a ban on practicing medicine.

The report is sent to the legal department of the Intersex Greece. You can choose whether the report will be anonymous or not, also what you would like us to do with it. It is important for us to collect statistics on the application of the law as protecting the rights of intersex people is our priority.

Intersex Greece is an organisation of intersex people, their families and supporters living in Greece. We fight for the human rights of children born with diverse sex characteristics and for the protection of intersex bodies. See more here, and the services we can provide.