A look at the fundamental rights as propounded by the European Court of Justice and House of Lords in recent decisions regarding transsexuals.
Written in 2005; 4,502 words; 22 sources; MLA; $ 117.95
Paper Summary:
This paper critically analyses the extent to which the right to respect for a private life provides protection for a transsexual's ability to gain
legal recognition for a change of gender. It succinctly analyses the rights acquired by transsexuals over the last two decades and examines court decisions in relation to employment, sexuality and other areas of law.
Outline
Introduction
Transsexualism
Sexual Identity
Changing Law
Europe
United Kingdom
Marriage
Employment
Family
Conclusion
From the Paper:
"There has been much case-law and discussion on employment
discrimination against transsexuals. However, it was not until 1996
that the European Court of Justice ruled that employment
discrimination was direct sex discrimination. This had remained
unrecognised by almost all the courts of the world until the ruling in
P v S and Cornwall County Council[55]. P had been dismissed after
informing her employer of her intention to undergo gender
reassignment, including the use of hormones and surgery to alter her
physical gender characteristics[56]. The Court held in favour of the
applicant, on the basis that the employer's actions violated the Equal
Treatment Directive[57]."
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