Responsabilidad patrimonial del Estado por intervenciones quirúrgicas de reasignación de sexo y adecuación genital temprana a menores de edad

Abstract

In this paper we will address the issue of "STATE PATRIMONIAL RESPONSIBILITY FOR SURGICAL INTERVENTIONS OF REASSIGNATION OF SEX AND EARLY GENITAL ADAPTATION TO MINORS". The present work is the result of an academic and social search to determine what is the responsibility of the State against the early surgical interventions of sex reassignment and genetic adaptation when there is absence of an informed consent of the minor. It will be important that the vindication of the rights of people with differences in sexual development be taken into account, leading to reflection on the appearance of a new paradigm in the traditional binary conception of men and women. This debate extends to the field of extracontractual responsibility of the State in favor of those persons who, during their childhood, were surgically intervened without their informed consent for the reassignment of sex or modification of their genitals. This paper highlights the need to adopt additional measures of reparation, beyond the economic, involving concerted actions by the executive and the legislator with a view to ensuring non-discrimination, non-repetition and dignification of these people.