Overview

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.

Full Product Details

Author:   Jens Scherpe ,  Jens Scherpe ,  Friedemann Pfafflin ,  Duncan Dormor
Publisher:   Intersentia Ltd
Imprint:   Intersentia Ltd
Dimensions:   Width: 16.00cm , Height: 4.10cm , Length: 24.00cm
Weight:   1.100kg
ISBN:  

9781780681962

ISBN 10:   1780681968
Pages:   664
Publication Date:   22 December 2015
Audience:   College/higher education ,  Professional and scholarly ,  Postgraduate, Research & Scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   In Print  
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Table of 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

Reviews

'[...], this is an excellent book which is useful for those new to the field and the expert alike.' -- Christopher Stothers, International Family Law Journal, 2017

Author Information

Dr Jens M. Scherpe, M.A. (Cantab), MJur (Oxon) is a Professor of Comparative Law at the University of Cambridge and Director of Cambridge Family Law (https://www.family.law.cam.ac.uk/). He is a Fellow of Gonville and Caius College and an Honorary Fellow of St. John's College/ University of Hong Kong. He also is an Academic Door Tenant at the Barristers' chambers Queen Elizabeth Building (QEB) in London. He is Honorary Professor at the University of Aalborg (Denmark), Extraordinary Professor at the University of the Western Cape (South Africa) and Cheng Yu Tung Visiting Professor in Law at the University of Hong Kong.In Cambridge Jens teaches comparative law and family law - and comparative family law. Before taking up his position in Cambridge, he was a Research Fellow and Head of the Department for the Law of the Nordic Countries at the Max Planck Institute for Comparative and International Private Law in Hamburg. He has held visiting positions at a number of institutions, including the Australian National University/Canberra, the University of Sydney, the University of Auckland/New Zealand and the Universitat Pompeu Fabra in Barcelona/Spain. In addition he has lectured on a variety of subjects in numerous countries around the world, including Germany, France, Spain, Italy, Sweden, Switzerland, Denmark, Greece, the Netherlands, Australia, New Zealand, Poland, Latvia, Ukraine, Singapore, Mauritius and the People's Republic of China. Jens has published widely on a variety of topics. His major publications include several comparative family law studies. His PhD thesis on the out-of-court settlement of consumer disputes (2002) was awarded two prizes, the DIS-Frderpreis 2003/2004 by the German Institution of Arbitration (DIS) and the Otto-Hahn-Medal of the Max Planck Society for the Advancement of Science for outstanding research achievements of young researchers (2002).Jens is the editor of the International Journal of Law, Policy and the Family (IJLPF) and member of the international board of the Zeitschrift fr das gesamte Familienrecht (FamRZ). He is an Associate Member of the International Academy of Comparative Law/Acadmie internationale de droit compare and a member of the Wissenschaftliche Vereinigung fr Familienrecht e.V.

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