Full Description
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.
Contents
c ont e nt s Preface ... vii List of Contributors ...xiii Introduction Jens M. Scherpe ...1 ParT I. MedICaL/PSYChoLogICaL VIeWS ...9 transgenderism and transsexuality: Medical and Psychological Viewpoints friedemann Pfafflin ... 11 ParT II. ChrISTIan VIeWS ... 25 transgenderism and the christian church: an overview duncan dormor ... 27 Metamorphosis and (trans) Migrations: spiritual Dimensions of Gender transition Christina Beardsley ... 77 ParT III.LegaL VIeWS ...101 Questionnaire ... 103 Europe ... 107 Belgium and the netherlands Walter Pintens ... 109 czech republic Barbara havelkova ... 125 Denmark natalie VidebaekMunkholm ... 147 england and Wales Stephen gilmore ... 183 Germany anatoldutta ... 207 Ireland BrianSloan ... 223 Italy Maria giovanna Cubeddu Wiedemann ... 249 spain Josep ferrer riba and albert Lamarca Marques ... 261 sweden Jameson garland ... 281 turkey Yesim M. atamer ... 313 Asia ... 333 Hong Kong special administrative region athena nga-chee Liu ... 335 Japan Yukonishitani ... 363 singapore Terry Sheung-hung Kaan ... 391 taiwan Chih-hsing ho ... 425 Australia and New Zealand ... 441 Varieties of Decision-Making: reflections on Deciding Re Kevin richard Chisholm ... 443 austra lia rachael Wallbank ... 457 new Zea land elisabeth Mcdonald and Jack Byrne ... 527 North and South America ... 569 argentina Laura Maria giosa, Maria Victoria Schiro and Peter dunne ... 571 Usa Jameson garland ... 585 ParT IV. ConCLuSIon ... 613 comparative analysis and recommendations Jens M. Scherpe and Peter dunne ... 615
