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The Legal Status of Intersex Persons (Paperback)
Loot Price: R2,340
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The Legal Status of Intersex Persons (Paperback)
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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 persons 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.
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