The legal status of intersex persons /
- Publication info:
- Cambridge : Intersentia, 2018.
Osgoode Hall Law School Library
On the Shelf
Humanitarian initiative against political "disappearances" : a study of the status and potential of international humanitarian and human rights instruments, and the role of the Internationl [sic] Committee of the Red Cross, in protecting against the practice of enforced or involuntary "disappearances" / Jan Egeland.
K 3242.5 E35 1982
- The legal status of intersex persons / edited by Jens M. Scherpe, Anatol Dutta, Tobias Helms.
- Other Authors:
"The Legal Status of Intersex Persons provides a basis for discussion regarding all legal aspects concerning persons born with sex characteristics that do not belong strictly to male or female categories, or that belong to both at the same time. It contains contributions from medical, psychological and theological perspectives, as well as national legal perspectives from Germany, Australia, India, the Netherlands, Columbia, Sweden, France and the USA. It explores international human rights aspects of intersex legal recognition and also features chapters on private international law and legal history. The book is a timely one. 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; the laws simply did not allow any other option, and, in many cases, changing the recorded gender was difficult or impossible. However, there are many cases where this gender binary is unable to capture the reality of a person's physical presentation and/or perception of self. Consequently, this gender binary is increasingly being challenged and several jurisdictions have begun to reform their gender status laws. For example, 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 for all intents and purposes. However, this legislation has proved problematic in many ways and rightly was subject to pertinent criticism. In 2017 the German Constitutional Court then held that these rules were in violation of the German constitution as they only allowed a non-recognition, as opposed to a positive recognition of a gender other than male or female, and mandated law reform. Similarly, the Austria Constitutional Court held in June 2018 that current civil status laws had to be interpreted to allow registration of alternative gender identities. Therefore two European jurisdictions will now have legal gender recognition beyond the binary. This book looks at law reform taking place around the world, with diverse perspectives from relevant fields, to provide the reader with a comprehensive analysis of the legal status of intersex persons and related issues."
- Item Description:
"The idea for this book began as a workshop supported by the DAAD Cambridge Research Hub with funds from the German Federal Foreign Office (FFO), the University of Regensburg and Cambridge Family Law. The workshop was held at the University of Cambridge/Gonville and Caius College on 21-22 July 2016"--page v.
- Physical Description:
xii, 535 pages : illustrations ; 24 cm
Includes bibliographical references.
- Cambridge : Intersentia, 2018.
- Copyright Notice Date:
Table of Contents
- The legal status of intersex persons : an introduction / Jens M. Scherpe
- Malta Declaration
- Darlington Statement
- Vienna Statement
- Part I. Medicine and psychology. Biology of fetal sex development / Ieuan Hughes
- Intersex in the brain : what neuroscience can tell the law about gender identity / Joe Herbert
- Gender identity and intersex conditions / Vickie Pasterski
- Evidence-based reviews of medical interventions relative to the gender status of children with intersex conditions and differences of sex development / Jameson Garland and Milton Diamond
- Part II. Theology and legal history. Intersex in the Christian tradition : personhood and embodiment / Duncan Dormor
- Four sexes, two genders : the rabbinic move from legal to essentialist polarisation of identities / Moshe Lavee and Tali Artman Partock
- Intersex : some (legal-)historical background / Alain Wijffels
- Part III. Transgender, transsexuality and intersex. Lessons from the legal development of the legal status of transsexual and transgender persons / Jens M. Scherpe
- Towards trans and intersex equality : conflict or complementarity? / Peter Dunne
- Part IV. National legal developments. Australia / Claire Fenton-Glynn
- Sweden / Jameson Garland
- India / Smita Shah
- The Netherlands / Marjolein van den Brink
- France / Benjamin Moron-Puech
- Colombia (the Colombian Constitutional Court) / Ruth Rubio-Marín and Stefano Osella
- United States / Julie A. Greenberg
- Malta / Tanya Ní Mhuirthile
- Germany (the 2013 German law) / Tobias Helms
- Germany (German Inter-Ministerial Working Group) / Thomas Meyer
- Germany (gender diversity in law) / Nina Althoff
- Part V. Private international law aspects of intersex. Private international law aspects of intersex / Anatol Dutta and Walter Pintens
- Part VI. Intersex and human rights. Standing up for the human rights of intersex people / Dan Christian Ghattas
- The 'normalisation' of intersex bodies and 'othering' of intersex identities / Morgan Carpenter
- Intersex children and the UN Convention on the Rights of the Child / Kirsten Sandberg.