Current Version
| Region | Colombia |
| Issue | Intersex infant surgery |
| Status | Parental approval required |
| Start Date | Oct 25, 1999 |
| End Date | (none) |
| Description | In 1999, in Judgment SU-337/99 (1999), the Constitutional Court ruled that surgery on a child's genitals can only be authorized with the consent of the intersex child and that the recommendations of doctors and the consent of parents are not enough for authorization to take place. In addition, the Court suggested that less invasive medical interventions could be carried out gradually if the child is not considered sufficiently autonomous to make the decision. |
| Sources | https://isna.org/node/181/ |
Reports (2)
- Status is not correct "Full ban : The Constitutional Court of Colombia has adjudicated several cases on the decision-making process for medical interventions on intersex minors.
In 1999, in Judgement SU-337/99 (1999), the Constitutional Court held that doctors’ recommendations and the mother’s consent are not enough to authorise surgery on the genitals of an 8-years-old intersex child without the intersex child’s consent. The Court considered the principle of the evolving capacity of a child to define and understand their gender identity and required establishing an interdisciplinary team to assess the child’s capacity to give informed consent for medical intervention. In addition, the Court suggested that if the child is found to be not sufficiently autonomous to make the decision, the medical interventions could be gradually performed, starting with the least invasive.
In the same year, in Judgement T-551/99 (1999), the Constitutional Court suggested developing specific medical protocols that ensure that parental consent is qualified and persistent. The Court suggested qualifying the consent by providing parents with refined information about the intervention's limits, risks and benefits, and most important alternatives. In addition, the Court recommended the medical community to develop requirements for reiteration of consent to ensure that it is persistent.
In 2008, in the case Judgement T-912/08 (2008), the Constitutional Court developed the decision-making rule for “sex assigning” medical interventions performed on a minor aged five years or older. The Court held that in case of a disagreement between a child and parents on the matter of the surgery or when there is an objection to the family decision from an interdisciplinary medical team assembled to assess the situation, the medical intervention should be postponed until the child reach the age of 18.
In 2014, in Judgement T-622/14 (2014), the Constitutional Court examined the lawsuit of a woman who was denied the performance of “sex reassignment” surgery on her intersex child. The Court urged the health corporation to “form an interdisciplinary team made up of doctors (surgeons, urologists, endocrinologists, paediatricians, and psychiatrists), psychologists and social workers, in order to set a diagnosis, assist, guide and advise” intersex child and his parents. In conclusion, the Court ordered to perform the surgery if an adequately informed decision of a child and his family coincides with the opinion of an interdisciplinary team. Finally, the Court recommended the Ministry of Health and Social Protection to develop mandatory “official clinical practice guidelines and/or protocols for the treatment of people born in an intersex condition".
In 2018, the intersex organisation Brújula Intersexual Colombia filed a petition with the Ministry of Health to obtain information on protocols, informed consent, and health monitoring of intersex people who had undergone interventions, among others. As reported by the organisation, the formal response issued by the Ministry of Health (2018) confirmed that "the Ministry does not have a protocol, guide or policy on health care for the intersex population" and that, due to this absence, it delegates the design of guidelines to each hospital in the country. In practice, this means that each hospital defines its own care protocols. The content of these protocols remains unknown to the Ministry of Health.
https://database.ilga.org/colombia-lgbti"
- Status is not correct "Full ban since 1999 : The Constitutional Court of Colombia has adjudicated several cases on the decision-making process for medical interventions on intersex minors.
In 1999, in Judgement SU-337/99 (1999), the Constitutional Court held that doctors’ recommendations and the mother’s consent are not enough to authorise surgery on the genitals of an 8-years-old intersex child without the intersex child’s consent. The Court considered the principle of the evolving capacity of a child to define and understand their gender identity and required establishing an interdisciplinary team to assess the child’s capacity to give informed consent for medical intervention. In addition, the Court suggested that if the child is found to be not sufficiently autonomous to make the decision, the medical interventions could be gradually performed, starting with the least invasive.
In the same year, in Judgement T-551/99 (1999), the Constitutional Court suggested developing specific medical protocols that ensure that parental consent is qualified and persistent. The Court suggested qualifying the consent by providing parents with refined information about the intervention's limits, risks and benefits, and most important alternatives. In addition, the Court recommended the medical community to develop requirements for reiteration of consent to ensure that it is persistent.
In 2008, in the case Judgement T-912/08 (2008), the Constitutional Court developed the decision-making rule for “sex assigning” medical interventions performed on a minor aged five years or older. The Court held that in case of a disagreement between a child and parents on the matter of the surgery or when there is an objection to the family decision from an interdisciplinary medical team assembled to assess the situation, the medical intervention should be postponed until the child reach the age of 18.
In 2014, in Judgement T-622/14 (2014), the Constitutional Court examined the lawsuit of a woman who was denied the performance of “sex reassignment” surgery on her intersex child. The Court urged the health corporation to “form an interdisciplinary team made up of doctors (surgeons, urologists, endocrinologists, paediatricians, and psychiatrists), psychologists and social workers, in order to set a diagnosis, assist, guide and advise” intersex child and his parents. In conclusion, the Court ordered to perform the surgery if an adequately informed decision of a child and his family coincides with the opinion of an interdisciplinary team. Finally, the Court recommended the Ministry of Health and Social Protection to develop mandatory “official clinical practice guidelines and/or protocols for the treatment of people born in an intersex condition".
In 2018, the intersex organisation Brújula Intersexual Colombia filed a petition with the Ministry of Health to obtain information on protocols, informed consent, and health monitoring of intersex people who had undergone interventions, among others. As reported by the organisation, the formal response issued by the Ministry of Health (2018) confirmed that "the Ministry does not have a protocol, guide or policy on health care for the intersex population" and that, due to this absence, it delegates the design of guidelines to each hospital in the country. In practice, this means that each hospital defines its own care protocols. The content of these protocols remains unknown to the Ministry of Health.
https://database.ilga.org/colombia-lgbti"
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Revision History (2)
edited by Unknownmiles. Fixing the status.
Helpful?
0 | Old Value (Original) | New Value (Current) | |
|---|---|---|
| Value | Full ban | Parental approval required |
| Description | In 1999, in Judgment SU-337/99 (1999), the Constitutional Court ruled that surgery on a child's genitals can only be authorized with the consent of the intersex child and that the recommendations of doctors and the consent of parents are not enough for authorization to take place. In addition, the Court suggested that less invasive medical interventions could be carried out gradually if the child is not considered sufficiently autonomous to make the decision. | In 1999, in Judgment SU-337/99 (1999), the Constitutional Court ruled that surgery on a child's genitals can only be authorized with the consent of the intersex child and that the recommendations of doctors and the consent of parents are not enough for authorization to take place. In addition, the Court suggested that less invasive medical interventions could be carried out gradually if the child is not considered sufficiently autonomous to make the decision. |
Show Difference | ||
| Original entry | |
|---|---|
| Status | Full ban |
| Start Date | Oct 25, 1999 |
| End Date | (none) |
| Description | In 1999, in Judgment SU-337/99 (1999), the Constitutional Court ruled that surgery on a child's genitals can only be authorized with the consent of the intersex child and that the recommendations of doctors and the consent of parents are not enough for authorization to take place. In addition, the Court suggested that less invasive medical interventions could be carried out gradually if the child is not considered sufficiently autonomous to make the decision. |
| Sources | https://isna.org/node/181/ |