ON THE LEGAL RECOGNITION OF GENDER REASSIGNMENT
Authors:
Type:
Article
Pages:
from 54
to 61
Status:
Published
Received:
15.09.2017
Accepted:
15.01.2018
Published:
06.10.2017
Subject area:
UDK 34 Право. Юридические науки
BBK 67 Право. Юридические науки
BBK 67 Право. Юридические науки
Language:
Russian, English
Keywords:
change of gender, amending an entry of birth, discrimination on the grounds of gender identity.
Abstract (English):
The sex of a person is assigned at birth. Later some people — intersex persons and transsexuals — experience the problems with a legal gender and seek to change the entry of birth, certificate of birth and other documents. This article has been written under the impulse from case S. (post surgery transsexual) which has been considered by Russian courts. Neither the registrar’s office nor courts allowed S. to make change in his entry of birth. As result he faces total discrimination on the grounds of gender identity. As it is known, applications of two transsexuals — No. 86501/12 (Y. P. v. Russia) and the Application No. 60796/16 (X. v. Russia) — were communicated to the Russian Government by the ECHR on 23 February 2017. This article explains the meaning of legal gender, reasons of its change, the procedure of amending the entry of birth in such case in Russia and shows that the registrar’s office and courts put forward unfounded arbitrary conditions due to gaps in legislation and ignore the right of a person to the legal recognition of his or her gender identity. International legal approaches to the realization of this right are highlighted with emphasis on the ECHR positions. The examples of contemporary foreign legislation on the gender recognition including the attitude to forced divorce and new approach to the entry of birth in case of birth of intersex child to prevent premature medical intervention contrary to the gender self-identification of such a child are given.
The sex of a person is assigned at birth. Later some people — intersex persons and transsexuals — experience the problems with a legal gender and seek to change the entry of birth, certificate of birth and other documents. This article has been written under the impulse from case S. (post surgery transsexual) which has been considered by Russian courts. Neither the registrar’s office nor courts allowed S. to make change in his entry of birth. As result he faces total discrimination on the grounds of gender identity. As it is known, applications of two transsexuals — No. 86501/12 (Y. P. v. Russia) and the Application No. 60796/16 (X. v. Russia) — were communicated to the Russian Government by the ECHR on 23 February 2017. This article explains the meaning of legal gender, reasons of its change, the procedure of amending the entry of birth in such case in Russia and shows that the registrar’s office and courts put forward unfounded arbitrary conditions due to gaps in legislation and ignore the right of a person to the legal recognition of his or her gender identity. International legal approaches to the realization of this right are highlighted with emphasis on the ECHR positions. The examples of contemporary foreign legislation on the gender recognition including the attitude to forced divorce and new approach to the entry of birth in case of birth of intersex child to prevent premature medical intervention contrary to the gender self-identification of such a child are given.
Keywords:
change of gender, amending an entry of birth, discrimination on the grounds of gender identity.
change of gender, amending an entry of birth, discrimination on the grounds of gender identity.
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