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Can international human rights law accommodate bodily diversity?

O'Brien, Wendy 2015, Can international human rights law accommodate bodily diversity?, Human rights law review, vol. 15, no. 1, pp. 1-20, doi: 10.1093/hrlr/ngu043.

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Title Can international human rights law accommodate bodily diversity?
Author(s) O'Brien, Wendy
Journal name Human rights law review
Volume number 15
Issue number 1
Start page 1
End page 20
Total pages 20
Publisher Oxford University Press
Place of publication Oxford, Eng.
Publication date 2015
ISSN 1461-7781
1744-1021
Keyword(s) Binary sex
Bodily diversity
International human rights law
Intersex variation
Non-discrimination
Sexual minorities
Women's rights
Summary This article considers recent efforts by international bodies and advocacy groups to secure the human rights of individuals with intersex variation. Identifying that these efforts are constrained by powerful assumptions about binary sex, it argues that international rights discourse looks set to regulate intersex individuals by the same protective strategies applied to the last four decades of the women's rights movement. A frank reading of legal feminist scholarship indicates several possible risks for the nascent intersex campaign. Efforts to ensure the substantive enjoyment of rights (for all) need to move beyond the constraints of a binary system in which women and sexed/sexual minorities will always be produced as other. Having argued that human rights are not contingent on biological determinants, the right to non-discrimination on the basis of sex traits is considered.
Language eng
DOI 10.1093/hrlr/ngu043
Field of Research 180114 Human Rights Law
Socio Economic Objective 940399 International Relations not elsewhere classified
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©2015, Oxford University Press
Persistent URL http://hdl.handle.net/10536/DRO/DU:30078409

Document type: Journal Article
Collection: School of Humanities and Social Sciences
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