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Trans Rights and Wrongs: A Comparative Study of Legal Reform Concerning Trans Persons

Edited by: Isabel C. Jaramillo, Laura Carlson

ISBN13: 9783030684938
Published: June 2021
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £149.99
Paperback edition , ISBN13 9783030684969



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This book maps various national legal responses to gender mobility, including sex and name registration, access to gender modification interventions, and anti-discrimination protection (or lack thereof) and regulations. The importance of the underlying legislation and history is underlined in order to understand the law's functions concerning discrimination, exclusion, and violence, as well as the problematic nature of introducing biology into the regulation of human relations, and using it to justify pain and suffering. The respective chapters also highlight how various governmental authorities, as well as civil society, have been integral in fostering or impeding the welfare of trans persons, from judges and legislators, to medical commissions and law students. A collective effort of scholars scattered around the globe, this book recognizes the international trend toward self-determination in sex classification and a generous guarantee of rights for individuals expressing diverse gender identities. The book advocates the dissemination of a model for the protection of rights that not only focuses on formal equality, but also addresses the administrative obstacles that trans persons face in their daily lives. In addition, it underscores the importance of courts in either advancing or obstructing the realization of individual rights.

Subjects:
Human Rights and Civil Liberties
Contents:
Introduction
The stakes in sex: obstacles and opportunities in legal reform for trans persons
'X' Why? Gender Markers and Non-Binary Transgender People
PART I: The strong medicalization model
Gender Identity and the LGBT Movement in Brazil
The Legal Status of Transsexual and Transgender Persons in the Republic of Croatia
The Civil Status of Trans Persons in the Czech Republic
Reassignment (change) of sex in Poland - the case law phenomenon in a civil law country
Conditions for the Recognition of the Civil Status of Transsexual and Transgender Persons under the Romanian Legal System
Gender Identity, National Identity and the Right of Self- Determination ~ A Peculiar Case of Taiwan
Conditions Of The Recognition Of The Civil Status Of Transsexual And Transgender Persons In Turkey
PART II: The soft medicalization model
Conditions of the recognition of the civil status of transsexual and transgender persons in Austria
Trans persons in Belgium
The Civil Status of Transgender and Transsexual Persons in England
Trans rights in Germany
The protection of trans rights in Israel
PART III: Self- determination in the registration of sex
Argentina, transgender and the development of a human rights discourse
La Reconnaissance Des Droits Des Personnes Trans Au Canada
Gender Identity, Human Dignity and Self-Determination in Chile
The recognition of sexual identity as a source of harm in Colombian Constitutional Law
Conditions of the recognition of the civil status of transsexual and transgender people Denmark
The Recognition of the Civil Status of Transgender People in Greece
The Law Concerning Transgender and Transsexual Persons in Ireland
Recognition of the civil status of transgender people in Norwegian law
The Paradox of Transgender Law in Sweden
Perspectives on History, Medicine, Law, and Regulations for Transgender Persons in the United States