Protecting Trans Rights in the Age of Gender Self-Determination

Trans rights and gender variation have been high on the international and national agendas in the last decade. This book brings together international experts to discuss the legal articulation of the emerging right to gender self-determination and its consequences for law and society. Particular attention is given to the national contexts of Belgium, Germany, and Norway, which are perceived as world leaders in protecting trans rights.

Format: Paperback / softback
Length: 174 pages
Publication date: 09 October 2020
Publisher: Intersentia Ltd

Over the past decade, trans rights and gender variation have emerged as pressing legal and human rights issues on both the international and national fronts. The increased recognition and attention to gender variation and gender incongruence have brought forth
to light the often complex requirements that trans individuals must fulfill to obtain legal recognition of their authentic gender identity. While a modest but rapidly growing number of states, primarily in Europe and South America, have recently reformed their legal frameworks of gender recognition by granting trans persons the right to change their official sex registration based on gender self-determination, the legal articulation of the emerging right to gender self-determination and its implications for law and society
remain a subject of intense debate.

This book brings together a diverse group of international experts to explore and address key questions and challenges related to the legal recognition of gender self-determination and its impact on law and society. Given the pivotal role of state practice in shaping the development and implementation of the right to gender self-determination, particular attention is paid to the national contexts of Belgium, Germany, and Norway. These three countries are recognized as global leaders in protecting trans rights and serve as noteworthy laboratories for future state practice.

In the first chapter, the editors provide an overview of the historical and legal context of the right to gender self-determination, tracing its evolution from early feminist movements to contemporary legal frameworks. They explore the challenges and barriers faced by trans individuals in accessing legal recognition and the role of international human rights instruments in promoting their rights. The chapter also highlights the importance of intersectionality in understanding the experiences of trans persons and the need for inclusive policies and practices that address their diverse needs.

Chapter 2 delves into the legal frameworks of gender recognition in Belgium, Germany, and Norway, examining the processes and requirements for changing legal sex registration. The authors analyze the legal protections and rights granted to trans persons under these frameworks and discuss the challenges and limitations they face in exercising their rights. They also explore the role of civil society.

Chapter 3 examines the impact of gender recognition on the lives. The authors explore the rights and protections afforded to trans persons, including the right legal recognition, access to healthcare, employment, education, and social benefits. They also examine the challenges and discrimination faced by trans persons in these areas and the role of law in promoting their equality and inclusion.

Chapter 4 discusses the challenges and limitations of the legal recognition of gender self-determination. The authors explore the role of international human rights instruments, such as the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child, in promoting the rights of trans persons. They also examine the role of national and regional human rights mechanisms, such as the Council of Europe's Convention on Human Rights and the African Commission on Human and Peoples' Rights, in advancing the protection of trans persons.

Chapter 5 explores the role

In conclusion, this book

In conclusion, this book offers a comprehensive and interdisciplinary examination of the legal recognition of gender self-determination and its implications for law and society. It provides a valuable resource for scholars. Scholars, policymakers, activists, and practitioners working to promote the rights and protect the rights of trans persons worldwide. It highlights the need for continued research and advocacy to advance the rights of trans persons and promote their equality and inclusion in all aspects of society.

The editors and contributors to this book are grateful to the United Nations High Commissioner for Human Rights for their support and guidance throughout the preparation of this volume.

Weight: 340g
Dimension: 170 x 244 x 18 (mm)
ISBN-13: 9781839700194