Overview

Over the last decade, trans rights and gender variation as legal and a human rights issues have been high on the international and national agendas. Improved registration of and attention for gender variation and gender incongruence is accompanied by attention for the often far-reaching requirements that trans persons have to comply with in order to obtain legal recognition of their actual gender identity. A small but rapidly growing number of (mostly European and South American) States have recently reformed their legal frameworks of gender recognition by allowing trans persons to change their official sex registration on the basis of gender self-determination.Against that background, this book brings together international experts to discuss questions and challenges relating to the legal articulation of the emerging right to gender self-determination and its consequences for law and society, such as the future of sex/gender registration and the protection of trans persons against discrimination. Given the importance of State practice for the development of the right to gender self-determination and its implementation in law, particular attention is given to the national contexts of Belgium, Germany and Norway. These three countries may be perceived as world leaders in protecting trans rights, and therefore noteworthy 'laboratories' for future State practice.

Full Product Details

Author:   Eva Brems ,  Pieter Cannoot ,  Toon Moonen ,  Toon Moonen
Publisher:   Intersentia Ltd
Imprint:   Intersentia Ltd
Dimensions:   Width: 16.00cm , Height: 0.90cm , Length: 24.00cm
Weight:   0.400kg
ISBN:  

9781839700194

ISBN 10:   183970019
Pages:   174
Publication Date:   09 October 2020
Audience:   Professional and scholarly ,  College/higher education ,  Professional & Vocational ,  Postgraduate, Research & Scholarly
Format:   Paperback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

Introduction (p. 1) The Limits to Gender Self-Determination in a Stereotyped Legal System: Lessons from the Belgian Gender Recognition Act (p. 11) From Assigning Sex to Affirming Gender: Remarks on an Ongoing Evolution Affecting Gender Identification (p. 55) The Insufficiency of Gender Recognition Acts: The Example of Schooldays in Norway (p. 73) Developments in German Civil Status Law on the Recognition of Intersex and Non-Binary Persons: Subversion Subverted (p. 95) Framing Equality: Debating Protected Grounds in the Field of Trans and Non-Binary Rights (p. 121) 'True Sex': The Law and Confirmation of One's Sex (p. 145)

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Author Information

Pieter Cannoot is a postdoctoral researcher at ConstitUGent and the Human Rights Centre of Ghent University. Since September 2020, he is a visiting professor of genders, sexualities and law at the University of Antwerp. Toon Moonen is an assistant professor of constitutional law at Ghent University, where he founded ConstitUGent the Centre for Research and Education on Constitutional Law. Prior to this, he was a visiting professor at Hasselt University, fellow of the Research Foundation Flanders, and law clerk in the Constitutional Court of South Africa. He also practices at the Brussels bar, appearing regularly in the Belgian Constitutional Court.

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