Protecting Trans Rights In The Age Of Gender Self Determination

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Protecting Trans Rights in the Age of Gender Self-determination

Author : Eva Brems,Pieter Cannoot,Toon Moonen
Publisher : Unknown
Page : 172 pages
File Size : 42,9 Mb
Release : 2020
Category : Human rights
ISBN : 1839700890

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Protecting Trans Rights in the Age of Gender Self-determination by Eva Brems,Pieter Cannoot,Toon Moonen Pdf

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. EVA BREMS is a senior full professor at Ghent University. She joined the Ghent University Law Faculty in September 2000 as the first holder of the then newly-created Chair of Human Rights Law. She is the founder and director of the Human Rights Centre at Ghent University. 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.

Trans Rights and Wrongs

Author : Isabel C. Jaramillo,Laura Carlson
Publisher : Springer Nature
Page : 552 pages
File Size : 50,8 Mb
Release : 2021-06-23
Category : Law
ISBN : 9783030684945

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Trans Rights and Wrongs by Isabel C. Jaramillo,Laura Carlson Pdf

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.

The Legal Status of Transsexual and Transgender Persons

Author : Jens M. Scherpe
Publisher : Intersentia Uitgevers N V
Page : 550 pages
File Size : 49,7 Mb
Release : 2015-06-15
Category : Law
ISBN : 1780681968

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The Legal Status of Transsexual and Transgender Persons by Jens M. Scherpe Pdf

The need to allow for a legal change of sex/gender, in certain cases, is no longer disputed in most jurisdictions. 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 should be for such a legal change. 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. This book examines questions that are thus far under-researched, namely what the full legal consequences of a legal change of sex/gender should be - for example, with regard to the 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 chapter compares and contrasts the different approaches and requirements and makes recommendations for best practice and law reform.

The Queer and Transgender Resilience Workbook

Author : Anneliese A. Singh
Publisher : New Harbinger Publications
Page : 224 pages
File Size : 50,8 Mb
Release : 2018-02-02
Category : Self-Help
ISBN : 9781626259485

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The Queer and Transgender Resilience Workbook by Anneliese A. Singh Pdf

How can you build unshakable confidence and resilience in a world still filled with ignorance, inequality, and discrimination? The Queer and Transgender Resilience Workbook will teach you how to challenge internalized negative messages, handle stress, build a community of support, and embrace your true self. Resilience is a key ingredient for psychological health and wellness. It’s what gives people the psychological strength to cope with everyday stress, as well as major setbacks. For many people, stressful events may include job loss, financial problems, illness, natural disasters, medical emergencies, divorce, or the death of a loved one. But if you are queer or gender non-conforming, life stresses may also include discrimination in housing and health care, employment barriers, homelessness, family rejection, physical attacks or threats, and general unfair treatment and oppression—all of which lead to overwhelming feelings of hopelessness and powerlessness. So, how can you gain resilience in a society that is so often toxic and unwelcoming? In this important workbook, you’ll discover how to cultivate the key components of resilience: holding a positive view of yourself and your abilities; knowing your worth and cultivating a strong sense of self-esteem; effectively utilizing resources; being assertive and creating a support community; fostering hope and growth within yourself, and finding the strength to help others. Once you know how to tap into your personal resilience, you’ll have an unlimited well you can draw from to navigate everyday challenges. By learning to challenge internalized negative messages and remove obstacles from your life, you can build the resilience you need to embrace your truest self in an imperfect world.

The Cambridge Companion to Gender and the Law

Author : Stéphanie Hennette Vauchez,Ruth Rubio-Marín
Publisher : Cambridge University Press
Page : 395 pages
File Size : 53,5 Mb
Release : 2022-12-31
Category : Law
ISBN : 9781108586115

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The Cambridge Companion to Gender and the Law by Stéphanie Hennette Vauchez,Ruth Rubio-Marín Pdf

To what extent is the legal subject gendered? Using illustrative examples from a range of jurisdictions and thematically organised chapters, this volume offers a comprehensive consideration of this question. With a systematic, accessible approach, it argues that law and gender work to co-produce the legal subject. Cumulatively, the volume's chapters provide a systematic evaluation of the key facets of the legal subject: the corporeal, the functional and the communal. Exploring aspects of the legal subject from the ways in which it is sexed and sexualised to its national and familial dimensions, this volume develops a complete account of the various processes through which legal orders produce gendered subjects. Across its chapters, each theoretically ambitious in its own right, this volume outlines how the law not only acts on the social world, but genders it.

CORROSIVE IMPACT OF TRANSGENDER IDEOLOGY.

Author : JOANNA. WILLIAMS
Publisher : Unknown
Page : 128 pages
File Size : 51,9 Mb
Release : 2020
Category : Electronic
ISBN : 1912581086

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CORROSIVE IMPACT OF TRANSGENDER IDEOLOGY. by JOANNA. WILLIAMS Pdf

The Cambridge Handbook of New Human Rights

Author : Andreas von Arnauld,Kerstin von der Decken,Mart Susi
Publisher : Cambridge University Press
Page : 939 pages
File Size : 49,6 Mb
Release : 2020-01-02
Category : Political Science
ISBN : 9781108751179

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The Cambridge Handbook of New Human Rights by Andreas von Arnauld,Kerstin von der Decken,Mart Susi Pdf

The book provides in-depth insight to scholars, practitioners, and activists dealing with human rights, their expansion, and the emergence of 'new' human rights. Whereas legal theory tends to neglect the development of concrete individual rights, monographs on 'new' rights often deal with structural matters only in passing and the issue of 'new' human rights has received only cursory attention in literature. By bringing together a large number of emergent human rights, analysed by renowned human rights experts from around the world, and combining the analyses with theoretical approaches, this book fills this lacuna. The comprehensive and dialectic approach, which enables insights from individual rights to overarching theory and vice versa, will ensure knowledge growth for generalists and specialists alike. The volume goes beyond a purely legal analysis by observing the contestation, rhetorics, the struggle for recognition of 'new' human rights, thus speaking to human rights professionals beyond the legal sphere.

Over the Rainbow? The Road to LGBTI Inclusion

Author : OECD
Publisher : OECD Publishing
Page : 240 pages
File Size : 52,9 Mb
Release : 2020-06-24
Category : Electronic
ISBN : 9789264523180

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Over the Rainbow? The Road to LGBTI Inclusion by OECD Pdf

Discrimination against LGBTI people remains pervasive, while its cost is massive. This report provides a comprehensive overview of the extent to which laws in OECD countries ensure equal treatment of LGBTI people, and of the complementary policies that could help foster LGBTI inclusion.

Trans

Author : Helen Joyce
Publisher : Simon and Schuster
Page : 449 pages
File Size : 46,5 Mb
Release : 2021-07-15
Category : Social Science
ISBN : 9780861540501

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Trans by Helen Joyce Pdf

THE SUNDAY TIMES BESTSELLER and a Times, Spectator and Observer Book of the Year 2021 ‘In the first decade of this century, it was unthinkable that a gender-critical book could even be published by a prominent publishing house, let alone become a bestseller.’ Louise Perry, New Statesman ‘Thank goodness for Helen Joyce.’ Christina Patterson, Sunday Times ‘Reasonable, methodical, sane, and utterly unintimidated by extremist orthodoxy, Trans is a riveting read.’ Lionel Shriver ‘A tour de force.’ Evening Standard Biological sex is no longer accepted as a basic fact of life. It is forbidden to admit that female people sometimes need protection and privacy from male ones. In an analysis that is at once expert, sympathetic and urgent, Helen Joyce offers an antidote to the chaos and cancelling.

Sex, Gender and International Human Rights Law

Author : Giovanna Gilleri
Publisher : Taylor & Francis
Page : 275 pages
File Size : 55,9 Mb
Release : 2023-12-01
Category : Law
ISBN : 9781003806639

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Sex, Gender and International Human Rights Law by Giovanna Gilleri Pdf

This book investigates the relationship between sex and gender under international human rights law, and how this influences the formation of individual subjects. Combining feminist, queer, and psychoanalytical perspectives, the author scrutinises the sexed/gendered human rights discourse, starting from the assumptions underpinning interpretations of sex, gender, and the related notions of gender identity, sex characteristics, and sexual orientation. Human rights law has so far offered only a limited account of the diversity of sexed/ gendered subjectivities, being based on a series of simplistic assumptions. Namely, that there are only two sexes and two genders; sex is a natural fact and gender is a social construct; gender is the metonymic signifier for women; and gender power relations take the asymmetrical shape of male domination versus female oppression. Against these assumptions, dominative and subordinate postures interchangeably attach to femininities and masculinities, depending on the subjects’ roles, their positionalities, and the situational meanings of their acts. The limits of an approach to gender which is based on rigid binaries are evident in two case studies, on the UN human rights treaty bodies’ vocabulary on medically unnecessary interventions upon intersex children and on the European Court of Human Rights’ narrative on sadomasochism. This examination of the impact of human rights on gendered subjectivities will be of interest to scholars, students, and researchers in international law, gender studies, queer studies, cultural studies, critical race theory, and psychoanalysis.

The Oxford Handbook of Law and Anthropology

Author : Marie-Claire Foblets,Mark Goodale,Maria Sapignoli,Olaf Zenker
Publisher : Oxford University Press
Page : 993 pages
File Size : 54,5 Mb
Release : 2022
Category : Law
ISBN : 9780198840534

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The Oxford Handbook of Law and Anthropology by Marie-Claire Foblets,Mark Goodale,Maria Sapignoli,Olaf Zenker Pdf

The Oxford Handbook of Law and Anthropology is a ground-breaking collection of essays that provides an original and internationally framed conception of the historical, theoretical, and ethnographic interconnections of law and anthropology. Each of the chapters in the Handbook provides a survey of the current state of scholarly debate and an argument about the future direction of research in this dynamic and interdisciplinary field. The structure of the Handbook is animated by an overarching collective narrative about how law and anthropology have and should relate to each other as intersecting domains of inquiry that address such fundamental questions as dispute resolution, normative ordering, social organization, and legal, political, and social identity. The need for such a comprehensive project has become even more pressing as lawyers and anthropologists work together in an ever-increasing number of areas, including immigration and asylum processes, international justice forums, cultural heritage certification and monitoring, and the writing of new national constitutions, among many others. The Handbook takes critical stock of these various points of intersection in order to identify and conceptualize the most promising areas of innovation and sociolegal relevance, as well as to acknowledge the points of tension, open questions, and areas for future development.

Intersex Embodiment

Author : Fae Garland,Mitchell Travis
Publisher : Policy Press
Page : 216 pages
File Size : 45,8 Mb
Release : 2022-11-22
Category : Law
ISBN : 9781529217377

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Intersex Embodiment by Fae Garland,Mitchell Travis Pdf

This book examines the divergent medical, political and legal constructions of intersex. The authors use empirical data to explore how intersex people are embodied through these frameworks which in turn influence their lived experiences. Through their analysis, the authors reveal the factors that motivate and influence the way in which policy makers and legislators approach the area of intersex rights. They reflect on the limitations of law as the primary vehicle in challenging healthcare’s framing of intersex as a ‘disorder’ in need of fixing. Finally, they offer a more holistic account of intersex justice which is underpinned by psychosocial support and bodily integrity.

Special Employment Programs

Author : United States. Department of the Army
Publisher : Unknown
Page : 24 pages
File Size : 43,7 Mb
Release : 1971
Category : Government publications
ISBN : UVA:X030447171

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Special Employment Programs by United States. Department of the Army Pdf

The Legal Status of Intersex Persons

Author : Jens M. Scherpe,Anatol Dutta,Tobias Helms
Publisher : Unknown
Page : 300 pages
File Size : 49,5 Mb
Release : 2018-09
Category : Intersex people
ISBN : 1780684754

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The Legal Status of Intersex Persons by Jens M. Scherpe,Anatol Dutta,Tobias Helms Pdf

Until very recently, the legal gender of a person-both at birth and later in life-in virtually all jurisdictions had to be recorded as either male or female; most laws simply did not allow any other option. However, there are many cases where this gender binary is unable to capture the reality of a person's gender identity. In 2013, Germany became the first Western jurisdiction in modern times to introduce legislation allowing a person's gender to be recorded as 'indeterminate' at birth and thus give them a legal gender status other than male or female. However, despite good intentions, this legislation has proved problematic in many ways and is subject to pertinent criticism. Several other jurisdictions are now beginning to react to challenges to the gender binary. The Legal Status of Intersex Persons provides a basis for discussions surrounding law reform in this area. It contains contributions from medical, psychological, and theological perspectives, as well as national legal perspectives from Germany, Malta, Australia, India, the Netherlands, Columbia, Sweden, France, and the USA. It explores international human rights aspects of intersex legal recognition, and it features chapters on private international law and legal history. [Subject: Human Rights Law, Gender & the Law, Private International Law, Legal History]