The Brussels Collaboration on Bodily Integrity’s scientific contributions

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Publications (3)


Genital Modifications in Prepubescent Minors: When May Clinicians Ethically Proceed?
  • Article

September 2024

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28 Reads

American Journal of Bioethics

The Brussels Collaboration on Bodily Integrity

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When is it ethically permissible for clinicians to surgically intervene into the genitals of a legal minor? We distinguish between voluntary and nonvoluntary procedures and focus on nonvoluntary procedures, specifically in prepubescent minors (“children”). We do not address procedures in adolescence or adulthood. With respect to children categorized as female at birth who have no apparent differences of sex development (i.e., non-intersex or “endosex” females) there is a near-universal ethical consensus in the Global North. This consensus holds that clinicians may not perform any nonvoluntary genital cutting or surgery, from “cosmetic” labiaplasty to medicalized ritual “pricking” of the vulva, insofar as the procedure is not strictly necessary to protect the child’s physical health. All other motivations, including possible psychosocial, cultural, subjective-aesthetic, or prophylactic benefits as judged by doctors or parents, are seen as categorically inappropriate grounds for a clinician to proceed with a nonvoluntary genital procedure in this population. We argue that the main ethical reasons capable of supporting this consensus turn not on empirically contestable benefit–risk calculations, but on a fundamental concern to respect the child’s privacy, bodily integrity, developing sexual boundaries, and (future) genital autonomy. We show that these ethical reasons are sound. However, as we argue, they do not only apply to endosex female children, but rather to all children regardless of sex characteristics, including those with intersex traits and endosex males. We conclude, therefore, that as a matter of justice, inclusivity, and gender equality in medical-ethical policy (we do not take a position as to criminal law), clinicians should not be permitted to perform any nonvoluntary genital cutting or surgery in prepubescent minors, irrespective of the latter’s sex traits or gender assignment, unless urgently necessary to protect their physical health. By contrast, we suggest that voluntary surgeries in older individuals might, under certain conditions, permissibly be performed for a wider range of reasons, including reasons of self-identity or psychosocial well-being, in keeping with the circumstances, values, and explicit needs and preferences of the persons so concerned. Note: Because our position is tied to clinicians’ widely accepted role-specific duties as medical practitioners within regulated healthcare systems, we do not consider genital procedures performed outside of a healthcare context (e.g., for religious reasons) or by persons other than licensed healthcare providers working in their professional capacity.


Figure 1. An illustrative model for determining the permissibility of genital cutting or surgery in a medical context; adapted with permission, along with this figure description, from earp, Abdulcadir, and liao (2023). The model is based on widely accepted standards in contemporary medical, pediatric, and sexual ethics and codes of professional conduct, although it may not reflect a universal consensus. interventions into nongenital (or sexual/reproductive) areas of the body may not fit this model. The gray section represents maximal uncertainty: cases in which neither medical necessity nor consent status is clear. note: moral permissibility or impermissibility does not necessarily entail legal permissibility or impermissibility.
Genital Modifications in Prepubescent Minors: When May Clinicians Ethically Proceed? Genital Modifications in Prepubescent Minors: When May Clinicians Ethically Proceed?
  • Article
  • Full-text available

August 2024

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77 Reads

·

4 Citations

When is it ethically permissible for clinicians to surgically intervene into the genitals of a legal minor? We distinguish between voluntary and nonvoluntary procedures and focus on nonvoluntary procedures, specifically in prepubescent minors ("children"). We do not address procedures in adolescence or adulthood. With respect to children categorized as female at birth who have no apparent differences of sex development (i.e., non-intersex or "endosex" females) there is a near-universal ethical consensus in the global North. This consensus holds that clinicians may not perform any nonvoluntary genital cutting or surgery, from "cosmetic" labiaplasty to medicalized ritual "pricking" of the vulva, insofar as the procedure is not strictly necessary to protect the child's physical health. all other motivations, including possible psychosocial, cultural, subjective-aesthetic, or prophylactic benefits as judged by doctors or parents, are seen as categorically inappropriate grounds for a clinician to proceed with a nonvoluntary genital procedure in this population. We argue that the main ethical reasons capable of supporting this consensus turn not on empirically contestable benefit-risk calculations, but on a fundamental concern to respect the child's privacy, bodily integrity, developing sexual boundaries, and (future) genital autonomy. We show that these ethical reasons are sound. However, as we argue, they do not only apply to endosex female children, but rather to all children regardless of sex characteristics, including those with intersex traits and endosex males. We conclude, therefore, that as a matter of justice, inclusivity, and gender equality in medical-ethical policy (we do not take a position as to criminal law), clinicians should not be permitted to perform any nonvoluntary genital cutting or surgery in prepubescent minors, irrespective of the latter's sex traits or gender assignment, unless urgently necessary to protect their physical health. By contrast, we suggest that voluntary surgeries in older individuals might, under certain conditions, permissibly be performed for a wider range of reasons, including reasons of self-identity or psychosocial well-being, in keeping with the circumstances, values, and explicit needs and preferences of the persons so concerned. Note: Because our position is tied to clinicians' widely accepted role-specific duties as medical practitioners within regulated healthcare systems, we do not consider genital procedures performed outside of a healthcare context (e.g., for religious reasons) or by persons other than licensed healthcare providers working in their professional capacity.

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Citations (1)


... 4 Medically unnecessary surgeries to "normalize" the genitals of babies with intersex traits, including clitoral-reduction procedures, are also commonly performed in Global North countries, entirely without the consent of the individual. 5 Finally, all groups that practice vulval cutting as part of a rite of passage (FGM), also practice cutting of the penis/foreskin of boys of a similar age-in both cases often constituting the very ritual that confers adult status on the initiate. 6 If age or consent matters, it should matter for everyone. ...

Reference:

Problems in Defining Medicalised FGM and Proposed Solutions
Genital Modifications in Prepubescent Minors: When May Clinicians Ethically Proceed? Genital Modifications in Prepubescent Minors: When May Clinicians Ethically Proceed?