1 / 8

LAWS ON TRANSSEXUALITY An international comparison

LAWS ON TRANSSEXUALITY An international comparison. Overview. Legal situation in Europe Only national legislation exists; national laws are very different in form and content Motors of change: ECtHR and ECJ Possible legal implications and/or problems of transsexuality

fisk
Download Presentation

LAWS ON TRANSSEXUALITY An international comparison

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. LAWS ON TRANSSEXUALITYAn international comparison

  2. Overview • Legal situation in Europe • Only national legislation exists; national laws are very different in form and content • Motors of change: ECtHR and ECJ • Possible legal implications and/or problems of transsexuality • Examples for future development

  3. Legal situation in Europe Council of Europe • ECHR applies to all • Motor for changes in national law • 6 leading cases Transsexual/ persons European Union • Legal competence • Option 1: no gender recognition • Option 2: administrative rules • Option 3: patchwork legislation • Option 4: specific legislation • Anti-Discrimination • Charter of fundamental Rights; • 2 leading cases

  4. National legislation • National legislation is very different –oldest law: Sweden 1972; most advanced law: UK gender recognition act 2004 • National law exists in specific statute law, in registry law, in case law and in administrative rules (mostly name change) specific law on gender recognition is rare – mostly patchwork law • Specific legislation: e.g. Finland, Germany, Italy, the Netherlands, Sweden, Turkey and UK • Old laws often require nationality of the respective country: Sweden, Germany difficult for foreign nationals • Many countries require sex change surgery before gender recognition, some also infertility • Some country requireto be unmarriedor divorced

  5. ECtHR Rees v. UK B v.France Cossey v.UK X,Y and Z v. UK Sheffield and Horsham v. UK Goodwin v. UK ECJ P.v.S. and Cornwall County Council K.B. v. National Health Service Pensions Agency Case law from ECtHR and ECJ

  6. Possible legal implications and or problems of transsexuality • Gender recognition (name change, change of birth certificate) • Compulsory surgery (often irreversible), Psychiatric assessment, • Right to marry; Requirement to be unmarried or being divorced • Adoption, parental role • Data protection • Social security and pension rights, medical costs • Death and succession

  7. At European level Discrimination on grounds of gender identity is discrimination on grounds of sex (P.v.S.)=> lobby work At national level Legally challenge the requirement of sterility /divorce for the recognition of the person’s gender identity Legally challenge national rules on transsexuality which lead to the infringement of fundamental rights of the EC treaties Examplesof future development

  8. Thank you for your attention ! I look forward to your questions and a lively debate

More Related