The term hermaphrodite, long confined to biology textbooks and art history treatises, regularly reappears in the news from very different angles: the publication of an unpublished work by Michel Foucault, a European investigation into the living conditions of intersex individuals, legal debates surrounding civil status. The subject lies at the intersection of medicine, law, and the humanities, making its media treatment both rich and fragmented.
Hermaphroditism and intersex: a shift in vocabulary that changes the framework
The word hermaphrodite refers to the Greek myth of Hermaphroditos, the son of Hermes and Aphrodite. For centuries, it has indiscriminately designated various biological realities, from ancient statues to medically documented cases as early as the 18th century.
Since the early 2000s, the term intersex has gained prominence in medical and activist circles to describe individuals whose sexual characteristics (chromosomal, hormonal, anatomical) do not fit binary categories. This change in vocabulary is not cosmetic. It reflects a shift in perspective: moving from anatomical curiosity to recognition of life paths and rights.
The work of Magali Le Mens, Modernité hermaphrodite, published in 2019, traces this trajectory over nearly two centuries, from Winckelmann’s ideal of beauty to the almost systematic surgical mutilations imposed on newborns in the 20th century. By browsing recent articles on Hermaphrodite, one can gauge how this terminological transition accompanies concrete legal and medical evolutions.
Foucault and hermaphrodites: an unpublished text reignites the intellectual debate
In September 2025, Gallimard announced the publication of an unpublished work by Michel Foucault dedicated to hermaphrodites. The philosopher had already addressed the subject through the case of Herculine Barbin, whose memoirs he edited in 1978.
This new text reignites an old discussion about how medical knowledge has constructed sexual norms. Foucault analyzed the mechanisms by which institutions assigned a single sex to individuals with ambiguous anatomies.
The debate remains open on one point: does the philosophical lens inherited from Foucault help the individuals concerned, or does it contribute to keeping them in a status of study objects? Field feedback varies on this point, depending on whether one is on the side of researchers or intersex associations.
European survey on intersex individuals: what the 2025 data reveals
The European Union Agency for Fundamental Rights published in 2025 the report Being intersex in the EU, resulting from the specific analysis of the third European LGBTIQ survey. This document does not limit itself to the medical definition of intersex. It covers several concrete dimensions:
- Discrimination faced in access to employment, housing, and public services, with testimonies collected from all member countries.
- Harassment and violence, particularly in school settings, where intersex youth report specific exclusion experiences related to their condition.
- Access to healthcare, a particularly sensitive point since many intersex individuals describe medical pathways that are imposed rather than chosen.
This survey constitutes to date the largest database on the living conditions of intersex individuals in Europe. The available data do not yet allow for conclusions about the effectiveness of measures adopted by certain member states, but they provide a factual foundation that was previously lacking in public debate.
UN Human Rights Council Resolution
The intersex issue is now on the agenda of the United Nations Human Rights Council. Resolution 55/14 recognizes the violations related to unnecessary medical interventions performed on intersex children. This resolution does not create a binding obligation, but it formalizes an international framework that associations use in their national advocacy.
French law and intersex civil status: still uncertain jurisprudence
In France, the question of the mention of sex in civil status for intersex individuals remains a fluid legal terrain, marked by tensions between domestic law and European standards.
French law recognizes only two mentions of sex in civil status. Several European countries have introduced a third option or the possibility of leaving the mention blank. France has not yet legislated on this point, despite repeated recommendations from international bodies.
The practical stakes are concrete:
- Parents and doctors face administrative pressure that can influence early surgical decisions.
- Requests for changes to the sex mention in civil status by intersex adults encounter lengthy procedures and heterogeneous jurisprudence depending on the jurisdictions.
The voices of those concerned are gradually gaining media visibility, contributing to shifting the debate from the medical realm to that of fundamental rights.
Recent medical recommendations: towards a gradual decision-making process
Medical practices are evolving, albeit slowly. The Japanese recommendations published in 2025 on disorders of sexual development emphasize the participation of the individual in understanding their diagnosis and subsequent therapeutic decisions. This approach breaks with the historical model where the medical body alone decided on the treatment to be applied, often from the neonatal period.
The principle of continuity of care is central: rather than a single, irreversible surgical intervention, these recommendations advocate for a multidisciplinary follow-up spread over time, allowing the child and then the adolescent to participate in the choices that concern them.
The subject of hermaphroditism, whether approached through philosophy, law, or medicine, remains a field where certainties are rare. Recent publications, whether it be Foucault’s text or the European survey, provide new materials. Their interpretation and translation into public policies remain largely ahead of us.
