The Legal Status Of Transsexual And Transgender Persons
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| Author | : Jens M. Scherpe |
| Publisher | : Intersentia Uitgevers N V |
| Total Pages | : 550 |
| Release | : 2015-06-15 |
| Genre | : Law |
| ISBN | : 9781780681962 |
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.
| Author | : Jens M. Scherpe |
| Publisher | : |
| Total Pages | : 663 |
| Release | : 2014 |
| Genre | : Transgender people |
| ISBN | : 9781780685588 |
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
| Author | : Jens M. Scherpe |
| Publisher | : |
| Total Pages | : 300 |
| Release | : 2018-09 |
| Genre | : Intersex people |
| ISBN | : 9781780684758 |
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]
| Author | : Edited by Jennifer L. Levi & Elizabeth E. Monnin-Browder |
| Publisher | : Author House |
| Total Pages | : 326 |
| Release | : 2012-04-19 |
| Genre | : Law |
| ISBN | : 1468554530 |
Transgender people have unique needs and vulnerabilities in the family law context. Any family law attorney engaged in representing transgender clients must know the ins and outs of this rapidly developing area of law. Transgender Family Law: A Guide to Effective Advocacy is the first book to comprehensively address legal issues facing transgender people in the family law context and provide practitioners the tools to effectively represent transgender clients. The chapters address a broad range of topics, including: Culturally Competent Representation, Recognition of Name and Sex, Relationship Recognition and Protections, Protecting Parental Rights, Relationship Dissolution, Parental Rights after Relationship Dissolution, Custody Disputes Involving Transgender Children, Protections for Transgender Youth, Intimate Partner Violence, Estate Planning and Elder Law. Written by attorneys with expertise in both family law and advocacy for transgender clients, including: Kylar W. Broadus, Patience Crozier, Benjamin L. Jerner, Michelle B. LaPointe, Jennifer L. Levi, Morgan Lynn, Shannon Price Minter, Elizabeth E. Monnin-Browder, Zack M. Paakkonen, Terra Slavin, Wayne A. Thomas Jr., Deborah H. Wald, and Janson Wu, Transgender Family Law is a must-have, practical guide for attorneys interested in becoming effective advocates for their clients. It is also a valuable resource to consult for any transgender person who is forming, expanding, or dissolving a family relationship.
| Author | : Isabel C. Jaramillo |
| Publisher | : Springer Nature |
| Total Pages | : 552 |
| Release | : 2021-06-23 |
| Genre | : Law |
| ISBN | : 3030684946 |
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.
| Author | : Jami Kathleen Taylor |
| Publisher | : University of Michigan Press |
| Total Pages | : 303 |
| Release | : 2014-10-14 |
| Genre | : Law |
| ISBN | : 0472072358 |
A theoretically grounded and methodically sophisticated empirical analysis of transgender politics
| Author | : Andrew N. Sharpe |
| Publisher | : Routledge Cavendish |
| Total Pages | : 229 |
| Release | : 2006 |
| Genre | : Law |
| ISBN | : 9780415425278 |
'Transgender Jurisprudence: Dysphoric Bodies of Lawis an important book. … Sharpe’s discussion [of trangender jurisprudence]… is convincing and thought-provoking, … his observations incisive and legally persuasive … [and] his examination of the fundamental heterosexism and phallocentricity of "reform" jurisprudence is brilliant.' -Queen’s Law Journal (Vol 28(1) 2002 pp 363-369 at pp 365, 366, 368 and 369), Professor Bruce MacDougall of the Faculty of Law, University of British Columbia, Vancouver 'Transgender Jurisprudenceis a work of the most careful and comprehensive scholarship … [and] … will, I have no doubt, be a standard resource to all those who have reason to work in the area, both as practicing lawyers, activists, or academics, in years to come.' -Sydney Law Review (Vol 24 2002 pp 442-448 at p 443), Professor Desmond Manderson, Canada Research Chair in Law & Discourse, McGill University, Montreal 'Transgender Jurisprudenceprovides an excellent, well-researched contribution to the fields of transgender studies and jurisprudence concerning gender and sexuality. … It is also a valuable contribution to wider discussions concerning feminism, poststructuralism and queer studies.' -Res Publica (Vol 8(3) 2002 pp 275-283 at pp 282-283), Dr Surya Munro of the Department of Law, Keele University '[Sharpe] expresses the hope that the book has made an important contribution ... That it has done so is beyond doubt. Indeed more than a contribution, Sharpe has comprehensively reshaped and redefined the field of transgender jurisprudence. … [T]he end result is a book which is not only sustained, integrated and comparative, but which introduces a set of original and sophisticated arguments that will provide an indispensable grounding for subsequent work in the field for some time to come.' -Griffith Law Review (Vol 12(2) 2003 pp 387-390 at p 390), Professor Rosemary Hunter, Dean of the Faculty of Law, Griffith University [Transgender Jurisprudence] has already become a foundational work by which others will be measured. … [It] sets a high bar … As one who litigates cases on behalf of transgender people as well as those involving same-sex couples seeking marriage rights, I think Sharpe has done an incredible job identifying [homophobia as] the source of the tension in such cases.' - Adelaide Law Review Vol 24(2) 2003 pp 99-104 at 104.
| Author | : National Academies of Sciences, Engineering, and Medicine |
| Publisher | : National Academies Press |
| Total Pages | : 437 |
| Release | : 2021-01-23 |
| Genre | : Social Science |
| ISBN | : 0309680816 |
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.
| Author | : Paisley Currah |
| Publisher | : U of Minnesota Press |
| Total Pages | : 396 |
| Release | : 2006 |
| Genre | : Social Science |
| ISBN | : 9780816643127 |
"Transgender Rights packs a surprising amount of information into a small space. Offering spare, tightly executed essays, this slim volume nonetheless succeeds in creating a spectacular, well-researched compendium of the transgender movement." -Law Library Journal Over the past three decades, the transgender movement has gained visibility and achieved significant victories. Discrimination has been prohibited in several states, dozens of municipalities, and more than two hundred private companies, while hate crime laws in eight states have been amended to include gender identity. Yet prejudice and violence against transgender people remain all too common. With analysis from legal and policy experts, activists and advocates, Transgender Rights assesses the movement's achievements, challenges, and opportunities for future action. Examining crucial topics like family law, employment policies, public health, economics, and grassroots organizing, this groundbreaking book is an indispensable resource in the fight for the freedom and equality of those who cross gender boundaries. Moving beyond media representations to grapple with the real lives and issues of transgender people, Transgender Rights will launch a new moment for human rights activism in America. Contributors: Kylar W. Broadus, Judith Butler, Mauro Cabral, Dallas Denny, Taylor Flynn, Phyllis Randolph Frye, Julie A. Greenberg, Morgan Holmes, Bennett H. Klein, Jennifer L. Levi, Ruthann Robson, Nohemy Solórzano-Thompson, Dean Spade, Kendall Thomas, Paula Viturro, Willy Wilkinson. Paisley Currah is associate professor of political science at Brooklyn College, executive director of the Center for Lesbian and Gay Studies at the CUNY Graduate Center, and a founding board member of the Transgender Law and Policy Institute. Richard M. Juang cochairs the advisory board of the National Center for Transgender Equality (NCTE) in Washington, DC. He has taught at Oberlin College and Susquehanna University. He is the lead editor of NCTE's Responding to Hate Crimes: A Community Resource Manual and coeditor of Transgender Justice, which explores models of activism. Shannon Price Minter is legal director of the National Center for Lesbian Rights and a founding board member of the Transgender Law and Policy Institute.
| Author | : Institute of Medicine |
| Publisher | : National Academies Press |
| Total Pages | : 293 |
| Release | : 2011-06-24 |
| Genre | : Medical |
| ISBN | : 0309210658 |
At a time when lesbian, gay, bisexual, and transgender individuals-often referred to under the umbrella acronym LGBT-are becoming more visible in society and more socially acknowledged, clinicians and researchers are faced with incomplete information about their health status. While LGBT populations often are combined as a single entity for research and advocacy purposes, each is a distinct population group with its own specific health needs. Furthermore, the experiences of LGBT individuals are not uniform and are shaped by factors of race, ethnicity, socioeconomic status, geographical location, and age, any of which can have an effect on health-related concerns and needs. The Health of Lesbian, Gay, Bisexual, and Transgender People assesses the state of science on the health status of LGBT populations, identifies research gaps and opportunities, and outlines a research agenda for the National Institute of Health. The report examines the health status of these populations in three life stages: childhood and adolescence, early/middle adulthood, and later adulthood. At each life stage, the committee studied mental health, physical health, risks and protective factors, health services, and contextual influences. To advance understanding of the health needs of all LGBT individuals, the report finds that researchers need more data about the demographics of these populations, improved methods for collecting and analyzing data, and an increased participation of sexual and gender minorities in research. The Health of Lesbian, Gay, Bisexual, and Transgender People is a valuable resource for policymakers, federal agencies including the National Institute of Health (NIH), LGBT advocacy groups, clinicians, and service providers.
