Abstract

FRASER, Roberta Tourinho Dantas  and  LIMA, Isabel Maria Sampaio Oliveira. Intersex and the right to identity: a discourse on the civil record of intersex children. Rev. bras. crescimento desenvolv. hum. [online]. 2012, vol.22, n.3, pp.358-366. ISSN 0104-1282.

Law interacts with intersex in humans from the perspective of gender identity, as a sub-aspect of the right to identity. Intersex is a condition affecting the growth and development of children. The diagnosis, sometimes delayed because of the need for specific exams, has a direct effect on gender and name definition, as reflected on a child's civil record. In this sense, the purpose of this article is to examine the intersex children's guarantee to the right to identity, from the perspective of the civil birth record as a human right. To this end, interviews were conducted with legal professionals working with childhood, family or public registry issues. The interviews generated opinions on the guarantee to the right to identity for these children, under the present Brazilian Law of Public Records. As a result, speeches converged on the anachronism in this law, as well as the need for legal changes to preserve the children's dignity. The intersex newborn's right to identity is a subject that demands interaction among various areas of knowledge and practice to effectively guarantee the best interests of the child.

Keywords : intersex; rights of the child; public record; right to identity.

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