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

ISBN-13: 9783030684969 / Angielski / Miękka / 2022

Jaramillo, Isabel C.

Opis

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.

Spis treści

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.

O autorze

Isabel C. Jaramillo is a full professor of Law at Universidad de los Andes, Bogotá. She has played a leading role in the consolidation of feminist legal thinking in Latin America, where her contributions to the debate about feminist legal reform and feminist legal education are widely acknowledged. Her latest works in English include: “Latin American feminist legal theory: taking multiple subordinations seriously” in  Rachel Sieder, Karina Ansolabehere and Tatiana Alfonso, Routledge Handbook on Latin American Law and Society (2019); and  “Feminism in transition” in Janet Halley, Rachel Rebouche, Prabah Kotiswaran and Hila Shamir, Handbook of Governance Feminism: Notes from the Field, Minneapolis, University of Minnesota Press (2019).

Laura Carlson is a professor in private Law specializing in labor and discrimination law as well as, Academic Director of Internationalization and Head of Labor Law at Stockholm University’s Department of Law. She has written several books and articles on discrimination law from comparative perspectives, the books include, Searching for Equality, Comparative Discrimination Law: Historical and Theoretical Frameworks and the most recent, Workers, Collectivism and the Law: Grappling with Democracy. She is editor-in-chief of the Brill Research Perspectives in Comparative Discrimination Law, Board Member in the European Women Lawyers Association, Board Member of the Berkeley Center on Comparative Equality & Anti­Discrimination Law and Co-Chair of the Center’s Equality and Covid-19 working group.​