Examinando por Autor "Restrepo Arboleda, Manuela"
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Ítem Análisis de la jurisprudencia constitucional colombiana sobre el consentimiento informado en los procedimientos de reasignación genital en menores de edad intersexuales(Universidad EAFIT, 2023) Cardona Granada, Diana Carolina; Restrepo Arboleda, Manuela; Ceballos Klinkert, LauraThroughout history, intersex people have suffered various violations of their rights to health, free development of personality, identity and equality, among others, due to the ambiguity of their genital organs. These rights, especially those of intersex children/minors, have been violated, since at the time of making decisions on sexual reassignment procedures, the will of the child is not usually taken into account. That is why the purpose of this paper is the exposition and analysis of the informed consent in sexual reassignment procedures at an early age when the minor presents sexual ambiguity, in the light of the Colombian Constitutional Court's jurisprudence. Concepts related to intersexuality, sex change procedures and the consequences they may generate, will be initially addressed in order to put the reader in context. Later on, we’ll refer to the legal capacity of minors, since, theoretically, the ones summoned to give their informed consent are their legal representatives, transgressing as a consequence, the rights and principles of intersex children, these provisions will be referred to in the development of this paper. Finally, taking into account that with the limitation to the legal capacity of children and adolescents, the prerogatives mentioned above are compromised, the intervention of the Colombian Constitutional Court has been necessary, which has studied the informed consent and the way in which it must be granted when a sexual reassignment procedure is to be done in intersex minors. The analysis of its rulings will be made by means of a jurisprudential line.