In April 2026, Belarus adopted Law “On Amendments to the Codes on Administrative Liability Issues” No. 138-Z, which introduces administrative liability for disseminating information for the purpose of forming “perceptions of the attractiveness of,” among other things, homosexual relationships, childlessness, and “sex change.”
Although people born with variations in sex characteristics (intersex persons) constitute a category related to bodily characteristics rather than sexual orientation or gender identity, they are also often particularly affected by laws restricting discussion of sexual and gender diversity and reproductive choice. In this context, alongside other serious concerns from the perspective of international human rights obligations, the provisions of the new law create significant risks for intersex persons.
I. Sanctions for Discussing Intersex Experience
For many intersex persons, questions of parenthood are linked to complex medical histories, infertility, as well as concerns relating to sexual and reproductive life. In this context, imposing liability for disseminating information related to childlessness may intensify the stigmatization of intersex persons who do not seek to become parents. It may also deter them from openly discussing their own experiences, their views on parenthood, reproductive health, and social expectations related to family and children.
Similarly, the experience of intersex persons often includes issues related to changes in sex characteristics, including during puberty, the consequences of earlier medical interventions, hormone therapy, as well as the need to correct or amend information in identity documents. In this context, the use in the law of the undefined and unscientific term “sex change” may contribute to self-censorship among intersex persons and their families in relation to such experiences.
Moreover, the law undermines the principle of legal certainty because it uses broad and evaluative wording, creating conditions for arbitrary interpretation and application. In light of the law enforcement practice of similar provisions in comparable legal systems, laws of this kind may be used to punish intersex persons for discussing their own lives even in the absence of any intention to “form perceptions of attractiveness.” This is especially dangerous where such discussion is descriptive, factual, educational, medical, or advocacy-based in nature.
II. Barriers to Access to Information and Support
Intersex persons, parents of intersex children, and relevant professionals must be able to discuss freely issues relating to health, sex characteristics, the consequences of medical interventions, including for reproductive health, the need to correct or amend information in documents, as well as other topics that may be affected by this law. The atmosphere of fear and legal uncertainty created by this law may deter journalists, medical professionals, researchers, and society as a whole from openly discussing these issues. As a result, intersex persons and their families may be deprived of timely, complete, affirmative, and high-quality information and support necessary for decision-making that respects bodily integrity, autonomy, and informed consent.
III. Increased Risks of Violence and Discrimination
Intersex persons often face discrimination on the basis of sexual orientation or gender identity attributed to them. Laws of this kind reinforce prejudice and increase the risk that intersex persons will become targets of hate speech, hate crimes, and other forms of violence.
In addition, the adopted legislation may increase pressure on parents and medical professionals in favour of harmful medical interventions affecting the sex characteristics of intersex children, where such interventions are presented as a way to prevent a supposed “sex change” and are carried out before the child is able to give free, personal, and fully informed consent.
We call for the immediate repeal of this law. Intersex persons and everyone else must be able to speak freely about their experiences, access information and support, and live free from stigma, discrimination, and violence.
