The Legal Status Of Intersex Persons
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The Legal Status Of Intersex Persons
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Author : Jens M. Scherpe
language : en
Publisher:
Release Date : 2018-09
The Legal Status Of Intersex Persons written by Jens M. Scherpe and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09 with Intersex people categories.
Until very recently, the legal gender of a person-both at birth and later in life-in virtually all jurisdictions had to be recorded as either male or female; most laws simply did not allow any other option. However, there are many cases where this gender binary is unable to capture the reality of a person's gender identity. In 2013, Germany became the first Western jurisdiction in modern times to introduce legislation allowing a person's gender to be recorded as 'indeterminate' at birth and thus give them a legal gender status other than male or female. However, despite good intentions, this legislation has proved problematic in many ways and is subject to pertinent criticism. Several other jurisdictions are now beginning to react to challenges to the gender binary. The Legal Status of Intersex Persons provides a basis for discussions surrounding law reform in this area. It contains contributions from medical, psychological, and theological perspectives, as well as national legal perspectives from Germany, Malta, Australia, India, the Netherlands, Columbia, Sweden, France, and the USA. It explores international human rights aspects of intersex legal recognition, and it features chapters on private international law and legal history. [Subject: Human Rights Law, Gender & the Law, Private International Law, Legal History]
Intersex Rights
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Author : Nikoletta Pikramenou
language : en
Publisher: Springer Nature
Release Date : 2019-09-25
Intersex Rights written by Nikoletta Pikramenou and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-25 with Law categories.
This book addresses intersex rights violations and analyses intersex people’s legal demands as expressed by intersex activists themselves and delivered through statements and reports issued by intersex rights organisations, the United Nations and the Council of Europe. Intersex people are born with sex characteristics that do not fit typical notions of male or female bodies, as a result of which they are stigmatised, marginalised and denied the recognition of their fundamental rights. Often, they are subjected to involuntary and harmful sex “normalising” surgeries at birth, which violate their bodily integrity, self-determination and informed consent, so as to comply with societal and legal norms. Moreover, binary legal frameworks prevent them from enjoying the rights to access identification documents, start a family, or be free from discrimination in all areas including employment and sports. To elaborate on intersex violations that emanate from binary laws, this book examines the situation of intersex rights in regional jurisdictions worldwide and within the European Union in particular. In the process, it identifies current legal barriers and suggests how intersex people could be accommodated under legal frameworks and achieve sex/gender equality beyond binary definitions.
The Legal Status Of Transsexual And Transgender Persons
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Author : Jens M. Scherpe
language : en
Publisher:
Release Date : 2014
The Legal Status Of Transsexual And Transgender Persons written by Jens M. Scherpe and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Transgender people categories.
The need to allow a change of legal sex/gender in certain cases is no longer disputed in most jurisdictions, and for European countries there is no question as to whether such a change should be allowed after the decision of the European Court of Human Rights in Goodwin v. United Kingdom (Application no. 28957/95). The question has therefore shifted to what the requirements for such a change of the legal sex/gender should be. Many jurisdictions have legislated or developed an administrative approach to changing sex/gender, but the requirements differ significantly from jurisdiction to jurisdiction, particularly with regard to age, nationality and marital status, as well as the medical and psychological requirements. The latter in some jurisdictions still include surgery and sterility as a precondition, thus potentially forcing the persons concerned to choose between the recognition of their sex/gender identity and their physical integrity. The book also examines questions that are thus far under-researched, namely what the full legal consequences of a change of legal sex/gender should be, for example with regard to existing legal relationships such as marriages and registered partnerships, but also concerning children and parentage. The Legal Status of Transsexual and Transgender Persons is the result of an international research project, including not only national reports from 14 European and non-European jurisdictions but also two chapters that look at legal sex/gender changes from a Christian perspective and one chapter from a medical-psychological perspective. The final comparative chapter compares and contrasts the different approaches and requirements and makes recommendations for best practice and law reform
Intersex Embodiment
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Author : Fae Garland
language : en
Publisher: Policy Press
Release Date : 2022-11-22
Intersex Embodiment written by Fae Garland and has been published by Policy Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-22 with Law categories.
This book examines the divergent medical, political and legal constructions of intersex. The authors use empirical data to explore how intersex people are embodied through these frameworks which in turn influence their lived experiences. Through their analysis, the authors reveal the factors that motivate and influence the way in which policy makers and legislators approach the area of intersex rights. They reflect on the limitations of law as the primary vehicle in challenging healthcare’s framing of intersex as a ‘disorder’ in need of fixing. Finally, they offer a more holistic account of intersex justice which is underpinned by psychosocial support and bodily integrity.
Equal In Dignity And Rights
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Author : Kenya National Commission on Human Rights
language : en
Publisher:
Release Date : 2018
Equal In Dignity And Rights written by Kenya National Commission on Human Rights and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Social Science categories.
The Legal Status Of Transsexual And Transgender Persons
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Author : Jens M. Scherpe
language : en
Publisher: Intersentia Uitgevers N V
Release Date : 2015-06-15
The Legal Status Of Transsexual And Transgender Persons written by Jens M. Scherpe and has been published by Intersentia Uitgevers N V this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-15 with Law categories.
The need to allow for a legal change of sex/gender, in certain cases, is no longer disputed in most jurisdictions. For European countries, there is no question as to whether such a change should be allowed after the decision of the European Court of Human Rights in Goodwin v. United Kingdom (Application No. 28957/95). The question has therefore shifted to what the requirements should be for such a legal change. Many jurisdictions have legislated or developed an administrative approach to changing sex/gender, but the requirements differ significantly from jurisdiction to jurisdiction, particularly with regard to age, nationality, and marital status, as well as the medical and psychological requirements. The latter, in some jurisdictions, still include surgery and sterility as a precondition, thus potentially forcing the persons concerned to choose between the recognition of their sex/gender identity and their physical integrity. This book examines questions that are thus far under-researched, namely what the full legal consequences of a legal change of sex/gender should be - for example, with regard to the existing legal relationships, such as marriages and registered partnerships, but also concerning children and parentage. The Legal Status of Transsexual and Transgender Persons is the result of an international research project, including not only national reports from 14 European and non-European jurisdictions, but also two chapters that look at legal sex/gender changes from a Christian perspective, and one chapter from a medical-psychological perspective. The final chapter compares and contrasts the different approaches and requirements and makes recommendations for best practice and law reform.
Intersexuality And The Law
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Author : Julie A. Greenberg
language : en
Publisher: NYU Press
Release Date : 2012
Intersexuality And The Law written by Julie A. Greenberg and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
Winner of the 2013 Bullough Award presented by the Foundation for the Scientific Study of Sexuality The term “intersex” evokes diverse images, typically of people who are both male and female or neither male nor female. Neither vision is accurate. The millions of people with an intersex condition, or DSD (disorder of sex development), are men or women whose sex chromosomes, gonads, or sex anatomy do not fit clearly into the male/female binary norm. Until recently, intersex conditions were shrouded in shame and secrecy: many adults were unaware that they had been born with an intersex condition and those who did know were advised to hide the truth. Current medical protocols and societal treatment of people with an intersex condition are based upon false stereotypes about sex, gender, sexual orientation, gender identity, and disability, which create unique challenges to framing effective legal claims and building a strong cohesive movement. In Intersexuality and the Law, Julie A. Greenberg examines the role that legal institutions can play in protecting the rights of people with an intersex condition. She also explores the relationship between the intersex movement and other social justice movements that have effectively utilized legal strategies to challenge similar discriminatory practices. She discusses the feasibility of forming effective alliances and developing mutually beneficial legal arguments with feminists, LGBT organizations, and disability rights advocates to eradicate the discrimination suffered by these marginalized groups.
Trans Rights And Wrongs
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Author : Isabel C. Jaramillo
language : en
Publisher: Springer Nature
Release Date : 2021-06-23
Trans Rights And Wrongs written by Isabel C. Jaramillo and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-23 with Law categories.
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.
Understanding The Well Being Of Lgbtqi Populations
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Author : National Academies of Sciences, Engineering, and Medicine
language : en
Publisher: National Academies Press
Release Date : 2021-01-23
Understanding The Well Being Of Lgbtqi Populations written by National Academies of Sciences, Engineering, and Medicine and has been published by National Academies Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-23 with Social Science categories.
The increase in prevalence and visibility of sexually gender diverse (SGD) populations illuminates the need for greater understanding of the ways in which current laws, systems, and programs affect their well-being. Individuals who identify as lesbian, gay, bisexual, asexual, transgender, non-binary, queer, or intersex, as well as those who express same-sex or -gender attractions or behaviors, will have experiences across their life course that differ from those of cisgender and heterosexual individuals. Characteristics such as age, race and ethnicity, and geographic location intersect to play a distinct role in the challenges and opportunities SGD people face. Understanding the Well-Being of LGBTQI+ Populations reviews the available evidence and identifies future research needs related to the well-being of SDG populations across the life course. This report focuses on eight domains of well-being; the effects of various laws and the legal system on SGD populations; the effects of various public policies and structural stigma; community and civic engagement; families and social relationships; education, including school climate and level of attainment; economic experiences (e.g., employment, compensation, and housing); physical and mental health; and health care access and gender-affirming interventions. The recommendations of Understanding the Well-Being of LGBTQI+ Populations aim to identify opportunities to advance understanding of how individuals experience sexuality and gender and how sexual orientation, gender identity, and intersex status affect SGD people over the life course.
Parental Guidance State Responsibility And Evolving Capacities
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Author : Claire Fenton-Glynn
language : en
Publisher: BRILL
Release Date : 2021-10-05
Parental Guidance State Responsibility And Evolving Capacities written by Claire Fenton-Glynn and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-05 with Law categories.
In this book leading international scholars provide fascinating insights into the vital but enigmatic role of Article 5 of the Convention on the Rights of the Child.