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The need to allow a change of legal sex/gender in certain cases is
no longer disputed in most jurisdictions, and 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 for such a
change of the legal sex/gender should be. 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.The book
also examines questions that are thus far under-researched, namely
what the full legal consequences of a change of legal sex/gender
should be, for example with regard to 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 comparative
chapter compares and contrasts the different approaches and
requirements and makes recommendations for best practice and law
reform.
Gender equality law in Czechia, as in other parts of post-socialist
Central and Eastern Europe, is facing serious challenges. When
obliged to adopt, interpret and apply anti-discrimination law as a
condition of membership of the EU, Czech legislators and judges
have repeatedly expressed hostility and demonstrated a fundamental
lack of understanding of key ideas underpinning it. This important
new study explores this scepticism to gender equality law,
examining it with reference to legal and socio-legal developments
that started in the state-socialist past and that remain relevant
today. The book examines legal developments in gender-relevant
areas, most importantly in equality and anti-discrimination law.
But it goes further, shedding light on the underlying
understandings of key concepts such as women, gender, equality,
discrimination and rights. In so doing, it shows the fundamental
intellectual and conceptual difficulties faced by gender equality
law in Czechia. These include an essentialist understanding of
differences between men and women, a notion that equality and
anti-discrimination law is incompatible with freedom, and a
perception that existing laws are objective and neutral, while any
new gender-progressive regulation of social relations is an
unacceptable interference with the 'natural social order'. Timely
and provocative, this book will be required reading for all
scholars of equality and gender and the law.
"Since the fall of the Berlin wall there has been a surprising
dearth of high quality of scholarship on legal culture in the
communist successor states of East Central Europe. In this
excellent book Barbara Havelkova engages with the reversal of many
of the advances the socialist period made in gender relations,
examining the historical roots of the current failure of Czech law
to engage with the discriminatory practices that have negatively
affected the lives of women. She does this by a forensic excavation
of law, discourses and practices of the socialist era revealing the
patriarchal assumptions underpinning them that became deeply
embedded in Czech legal culture, and that have been carried forward
to the present day. The book is a compelling read. It provides
answers to many of the questions that have perplexed feminists
about the post-soviet transition and at the same time speaks more
generally to the debates surrounding the troubling rightward shift
in the politics of the communist successor states of Europe."
Professor Judith Pallot, President of the British Association for
Slavonic and East European Studies "In Gender Equality in Law:
Uncovering the Legacies of Czech State Socialism, Barbara Havelkova
offers a sober and sophisticated socio-legal account of gender
equality law in Czechia. Tracing gender equality norms from their
origins under state socialism, Havelkova shows how the dominant
understanding of the differences between women and men as natural
and innate combined with a post-socialist understanding of rights
as freedom to shape the views of key Czech legal actors and to
thwart the transformative potential of EU sex discrimination law.
Havelkova's compelling feminist legal genealogy of gender equality
in Czechia illuminates the path dependency of gender norms and the
antipathy to substantive gender equality that is common among the
formerly state-socialist countries of Central and Eastern Europe.
Her deft analysis of the relationship between gender and legal
norms is especially relevant today as the legitimacy of gender
equality laws is increasingly precarious." Professor Judy Fudge,
Kent Law School Gender equality law in Czechia, as in other parts
of post-socialist Central and Eastern Europe, is facing serious
challenges. When obliged to adopt, interpret and apply
anti-discrimination law as a condition of membership of the EU,
Czech legislators and judges have repeatedly expressed hostility
and demonstrated a fundamental lack of understanding of key ideas
underpinning it. This important new study explores this scepticism
to gender equality law, examining it with reference to legal and
socio-legal developments that started in the state-socialist past
and that remain relevant today. The book examines legal
developments in gender-relevant areas, most importantly in equality
and anti-discrimination law. But it goes further, shedding light on
the underlying understandings of key concepts such as women,
gender, equality, discrimination and rights. In so doing, it shows
the fundamental intellectual and conceptual difficulties faced by
gender equality law in Czechia. These include an essentialist
understanding of differences between men and women, a notion that
equality and anti-discrimination law is incompatible with freedom,
and a perception that existing laws are objective and neutral,
while any new gender-progressive regulation of social relations is
an unacceptable interference with the 'natural social order'.
Timely and provocative, this book will be required reading for all
scholars of equality and gender and the law.
This collection of essays explores the evolution of
anti-discrimination law in European civil law jurisdictions.
Historically, scholarship in this area has focused on the common
law, which has also taken the lead in developing the theory and
practice of anti-discrimination law. This volume breaks new ground
by offering a sustained, critical, legal and socio-legal,
comparative look at how anti-discrimination is faring in European
civil law environments. While it is true that anti-discrimination
law is seen as a foreign transplant in some regions, it does not
fare poorly across the board. As shown by the case studies herein,
the success of anti-discrimination law is found to vary according
to its national context, the actors involved, and the evolution of
the particular concept or ground of discrimination in question.
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