Still invisible? Legal and ethical treatment of intersex individuals in China.

Abstract

This article explores the legal, social, and ethical challenges faced by intersex individuals in China, a population estimated to number in the millions but still largely invisible in national laws and public discourse. Drawing on recent international human rights developments and comparative legal analysis, the paper critically examines China's legal and medical frameworks through the lens of intersex rights. It highlights how entrenched binary conceptions of sex and gender deeply rooted in Confucian traditions, and reflected in Chinese administrative, medical, and legal systems, lead to widespread discrimination, non-consensual medical interventions, and structural exclusion of intersex individuals. The authors argue that despite generic constitutional and civil guarantees of equality, bodily integrity, and informed consent, intersex persons remain insufficiently protected due to the absence of targeted legislation and interpretive guidance. The article proposes incremental yet concrete reforms such as deferring non-urgent medical interventions, improving psychosocial support, introducing neutral terminology, and developing best-practice medical guidelines as viable steps toward greater inclusion. By examining relevant international and regional practices, including developments in Malta, Australia, and Hong Kong, the paper advocates for a post-binary legal approach that affirms intersex individuals' dignity, autonomy, and right to recognition in Chinese law and society.