Download or read book Gender Identity and the Law written by David B. Cruz and published by . This book was released on 2020-12-30 with total page 1286 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Trans Rights and Wrongs written by Isabel C. Jaramillo and published by Springer Nature. This book was released on 2021-06-23 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Gender Recognition and the Law written by Flora Renz and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Analysing the strategies people use to resist, accept and respond to laws that attempt to shape not just their behaviour, but also their identity, this book pursues a critical engagement with legal gender transition. The Gender Recognition Act (GRA) has often been described as a groundbreaking and progressive legal framework for allowing people to legally change their gender. This book seeks to challenge this representation by drawing on in-depth qualitative interviews with trans people about the GRA. Theoretically this book uses the concepts of legal consciousness, agency and emotion to highlight the normative underpinnings of the GRA. Overall, the book contends, the GRA does not accurately reflect many trans people's own understanding of their gender identity or their sexuality. It is designed to create subjects that govern their behaviour and self-expression in a way that aligns with a purely binary model of sex/gender and sexuality. Although a deviation from these norms does not incur any direct punishment, it indirectly leads to a denial of rights and legal protections. By reviewing relevant legislation and case law, and through qualitative research, the book establishes how, instead of uncritically accepting or completely rejecting the GRA, trans people enact their singular identities by engaging strategically with law. This book will be of interest across a range of disciplines, including socio-legal studies, family law, gender, sexuality and law as well as sociology courses on gender, identity and social policy"--
Download or read book The Cambridge Handbook of New Human Rights written by Andreas von Arnauld and published by Cambridge University Press. This book was released on 2020-01-02 with total page 939 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Research Handbook on Gender Sexuality and the Law written by Chris Ashford and published by Edward Elgar Publishing. This book was released on 2020-03-28 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative and thought-provoking Research Handbook explores not only current debates in the area of gender, sexuality and the law but also points the way for future socio-legal research and scholarship. It presents wide-ranging insights and debates from across the globe, including Africa, Asia, Eastern Europe and Australia, with contributions from leading scholars and activists alongside exciting emergent voices.
Download or read book License to Be Yourself written by Jack Byrne and published by . This book was released on 2014-02-10 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt: When trans people's passports, driver licenses, and national ID cards, do not reflect their gender identity, it can exclude them from fundamental aspects of daily life--like receiving health care, schooling, housing, or a bank account. And it can prevent trans people from exercising basic liberties like the right to vote or freedom of movement. The vast majority of trans people around the world cannot obtain official documents under their appropriate name and sex that match their gender identity. Where this is possible, trans people often face highly restrictive laws or regulations for changing name and sex that violate human rights obligations. These restrictions may involve excluding trans people who are married or have children, or require compulsory medical diagnoses or proceedures, including those that result in sterilization. License to Be Yourself documents some of the world's most progressive and rights-based laws and policies that enable trans people to change their gender identity on official documents. It shares strategies that activists have successfully used in a variety of global and legal contexts, and features case studies from Argentina, Australia, Hong Kong, Kenya, Ukraine, and the United States. This report is a resource for activists working on human rights issues for trans people, local communities examining best laws and policies, and policymakers seeking to uphold the rights of trans people.
Download or read book Understanding the Well Being of LGBTQI Populations written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2021-01-23 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: The increase in prevalence and visibility of sexually gender diverse (SGD) populations illuminates the need for greater understanding of the ways in which current laws, systems, and programs affect their well-being. Individuals who identify as lesbian, gay, bisexual, asexual, transgender, non-binary, queer, or intersex, as well as those who express same-sex or -gender attractions or behaviors, will have experiences across their life course that differ from those of cisgender and heterosexual individuals. Characteristics such as age, race and ethnicity, and geographic location intersect to play a distinct role in the challenges and opportunities SGD people face. Understanding the Well-Being of LGBTQI+ Populations reviews the available evidence and identifies future research needs related to the well-being of SDG populations across the life course. This report focuses on eight domains of well-being; the effects of various laws and the legal system on SGD populations; the effects of various public policies and structural stigma; community and civic engagement; families and social relationships; education, including school climate and level of attainment; economic experiences (e.g., employment, compensation, and housing); physical and mental health; and health care access and gender-affirming interventions. The recommendations of Understanding the Well-Being of LGBTQI+ Populations aim to identify opportunities to advance understanding of how individuals experience sexuality and gender and how sexual orientation, gender identity, and intersex status affect SGD people over the life course.
Download or read book Sexual Orientation Gender Identity and International Human Rights Law written by Kerry O'Halloran and published by Routledge. This book was released on 2019-10-22 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book identifies, analyses and discusses the nexus of legal issues that have emerged in recent years around sexuality and gender. It audits these against specific human rights requirements and evaluates the outcomes as evidenced in the legislation and caselaw of six leading common law jurisdictions. Beginning with a snapshot of the legal definitions and sanctions associated with the traditional marital family unit, the book examines the subsequently evolving key concepts and constructs before outlining the contemporary international framework of human rights as it relates to matters of sexuality and gender. It proceeds by identifying a set of themes, including the rights to identity, to form a family, to privacy, to equality and to non-discrimination, and undertakes a comparative evaluation of how these and other themes indicate areas of commonality and difference in the approaches adopted in those common law jurisdictions, as illustrated by the associated legislation and caselaw. It then considers why this should be and assesses the implications.
Download or read book The Legal Status of Transsexual and Transgender Persons written by Jens M. Scherpe and published by Intersentia Uitgevers N V. This book was released on 2015-06-15 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Self Declaration in the Legal Recognition of Gender written by Chris Dietz and published by Taylor & Francis. This book was released on 2022-10-21 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt: Self-Declaration in the Legal Recognition of Gender examines the impact of legislation premised upon the principle of ‘self-declaration’ of legal gender status. Existing doctrinal and comparative analyses have tended to come out strongly in favour of, or against, self-declaration. This book offers a socio-legal alternative which focuses on how self-declaration is experienced, on an embodied level, by trans and gender diverse people. It presents research conducted in Denmark, which became the first European state to adopt self-declaration in June 2014. By analysing Danish law through a Foucauldian framework which brings together socio-, feminist, and trans legal scholarship on embodiment and jurisdiction, the book offers the first empirically based and theoretically informed analysis of self-declaration. It draws upon legal consciousness, affect theory, vulnerability, and governmentality literatures to argue that the jurisdictional boundaries which existed between law and medicine were maintained throughout the reform process. This limited the impact of the legislation, enabling access to health care to be restricted in the same year in which amending legal gender status was liberalised. As the list of states that have adopted self-declaration increases, this intervention offers activists and policymakers insights which might shape how they respond to similar reform proposals in the future. A timely and important assessment, this book will appeal to researchers and practitioners working in trans, gender, feminist legal, and socio-legal studies.
Download or read book Legal Gender Recognition in Europe written by R. Köhler and published by . This book was released on 2016 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European legal gender recognition landscape has changed dramatically since the first edition of this toolkit. Since 2013, eight more states now have procedures in place enabling a person to adapt their official records and documents, with four out of the 41 states which have such provisions basing their procedures on self-determination. In 2015, the Parliamentary Assembly of the Council of Europe welcomed the emergence of a right to gender identity, which gives every individual the right to recognition of their gender identity. We have witnessed a paradigm shift from medicalised procedures to a generation of laws with human rights as major yardstick. Gender recognition procedures are important non-discrimination measures, giving legal and social recognition to a trans person?s gender identity. Europe now has a first generation of laws ? informed by trans community organisations ? that are build on individual self-determination and are thus breaking with a tradition of gatekeeping and patronising. Malta, Ireland, Denmark and Norway set the path when they listened to trans people and established quick, transparent and accessible procedures based on self-determination. The first part of this toolit discusses the basic aspects of gender recognition legislation as flowing from international and European human rights obligations, including updates from recent developments in legislation and jurisprudence. The new section on implementation discusses further aspects flowing out of accessible legal gender recognition. The completely reworked and updated section on jurisprudence presents European and a selection of national level case law. In addition to the Argentinian framework, the Maltese gender recognition legislation is discussed in detail as good practice. The refined Checklist on Legal Gender Recognition continues to be a hands-on tool assisting in assessing any legislation or draft legislation with basic human rights requirements. The section on myth busters has been extended and reworked. Finally, the full texts of the Maltese and Norwegian Gender Recognition laws are available in English in the Annex.
Download or read book Transgender Rights written by Paisley Currah and published by U of Minnesota Press. This book was released on 2006 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Transgender Rights packs a surprising amount of information into a small space. Offering spare, tightly executed essays, this slim volume nonetheless succeeds in creating a spectacular, well-researched compendium of the transgender movement." -Law Library Journal Over the past three decades, the transgender movement has gained visibility and achieved significant victories. Discrimination has been prohibited in several states, dozens of municipalities, and more than two hundred private companies, while hate crime laws in eight states have been amended to include gender identity. Yet prejudice and violence against transgender people remain all too common. With analysis from legal and policy experts, activists and advocates, Transgender Rights assesses the movement's achievements, challenges, and opportunities for future action. Examining crucial topics like family law, employment policies, public health, economics, and grassroots organizing, this groundbreaking book is an indispensable resource in the fight for the freedom and equality of those who cross gender boundaries. Moving beyond media representations to grapple with the real lives and issues of transgender people, Transgender Rights will launch a new moment for human rights activism in America. Contributors: Kylar W. Broadus, Judith Butler, Mauro Cabral, Dallas Denny, Taylor Flynn, Phyllis Randolph Frye, Julie A. Greenberg, Morgan Holmes, Bennett H. Klein, Jennifer L. Levi, Ruthann Robson, Nohemy Solórzano-Thompson, Dean Spade, Kendall Thomas, Paula Viturro, Willy Wilkinson. Paisley Currah is associate professor of political science at Brooklyn College, executive director of the Center for Lesbian and Gay Studies at the CUNY Graduate Center, and a founding board member of the Transgender Law and Policy Institute. Richard M. Juang cochairs the advisory board of the National Center for Transgender Equality (NCTE) in Washington, DC. He has taught at Oberlin College and Susquehanna University. He is the lead editor of NCTE's Responding to Hate Crimes: A Community Resource Manual and coeditor of Transgender Justice, which explores models of activism. Shannon Price Minter is legal director of the National Center for Lesbian Rights and a founding board member of the Transgender Law and Policy Institute.
Download or read book Gender and the Law written by Judith Bourne and published by Routledge. This book was released on 2018-04-17 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gender and the Law provides an ideal introduction to gender and feminist theory for students. Beginning with an overview of traditional notions of gender, the book establishes the key feminist and queer legal theories. It provides a basic structure and overview upon which students can build their understanding of some of the complex and controversial topics and debates around gender. Structured thematically, the book explores many fascinating and controversial legal issues, including issues of transgender rights; equal pay and equality in the workplace; societal changes and challenges within the regulation of personal relationships; the law surrounding consent and sexual offences; the role of gender norms in the criminal courts; legal regulation of prostitution and pornography; and the ways in which the law has responded to societal changes surrounding reproduction. With ‘thinking points’ and ‘further reading’ suggestions within each chapter, the authors encourage an engagement with critique and theory in order to understand this dynamic and challenging field.
Download or read book Legally Dispossessed written by Maitrayee Mukhopadhyay and published by Stree Distributed by Bhatkal Books International. This book was released on 1998 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This path-breaking study of women's experience of litigation under personal laws (those that cover marriage and inheritance) raises vital questions of identity and citizenship. Why is it so difficult to disentangle woman 'as subject/citizen imbued with rights from that of being daughter, sister, wife, widow and the symbol of a community'? Why is it that both Hindu and Muslim women are unsuccessful in their claims for property despite appealing to different personal laws? By shifting the focus from the text of the law to an ethnography of litigation -- the nature of disputes, the attitudes of lawyers, the experiences in court, the logic of judgements, and so on -- the analysis highlights the crucial factors that are obscured in abstract discussions of 'rights'.
Download or read book Protecting Trans Rights in the Age of Gender Self determination written by Eva Brems and published by . This book was released on 2020 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Human Rights Sexual Orientation and Gender Identity written by Anne Hellum and published by Routledge. This book was released on 2018-04-19 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt: How human rights principles, like the right to gender identity, freedom, integrity and equality, respond to the concerns of different groups of adults and children who experience gender harm due to the binary conception of sexuality and gender identity is the overall theme of this book. The Yogyakarta Principles on the Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity are analysed in the light of the dynamic jurisprudence of different human rights treaty bodies. Whether and how the status quo of gender duality is reproduced, in spite of international law’s growing recognition of the multiplicity of sexualities and gender identities, is discussed. How transgender men, in countries that permit legal gender change, have been successfully prosecuted for gender fraud by female partners claiming to be unaware of their gender history is given attention. While human rights discourse related to LGBTI persons so far has been moulded on the experiences of adults this book gives voice to the concerns of gender-non confirming children. The jurisprudence of the Child Rights Committee, with focus on the complex social and legal issues faced by gender non-confirming children, is addressed. Through narratives, that give voice to these children’s experiences, the book demonstrates how the legal gender assigned at birth impacts on their feeling of recognition, self-confidence and self-respect in the private, social, and legal spheres. This book was previously published as a special issue of the Nordic Journal of Human Rights.
Download or read book Normal Life written by Dean Spade and published by Duke University Press. This book was released on 2015-07-23 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revised and Expanded Edition Wait—what's wrong with rights? It is usually assumed that trans and gender nonconforming people should follow the civil rights and "equality" strategies of lesbian and gay rights organizations by agitating for legal reforms that would ostensibly guarantee nondiscrimination and equal protection under the law. This approach assumes that the best way to address the poverty and criminalization that plague trans populations is to gain legal recognition and inclusion in the state's institutions. But is this strategy effective? In Normal Life Dean Spade presents revelatory critiques of the legal equality framework for social change, and points to examples of transformative grassroots trans activism that is raising demands that go beyond traditional civil rights reforms. Spade explodes assumptions about what legal rights can do for marginalized populations, and describes transformative resistance processes and formations that address the root causes of harm and violence. In the new afterword to this revised and expanded edition, Spade notes the rapid mainstreaming of trans politics and finds that his predictions that gaining legal recognition will fail to benefit trans populations are coming to fruition. Spade examines recent efforts by the Obama administration and trans equality advocates to "pinkwash" state violence by articulating the US military and prison systems as sites for trans inclusion reforms. In the context of recent increased mainstream visibility of trans people and trans politics, Spade continues to advocate for the dismantling of systems of state violence that shorten the lives of trans people. Now more than ever, Normal Life is an urgent call for justice and trans liberation, and the radical transformations it will require.