StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Legal Aspect of Transsexuals - Essay Example

Cite this document
Summary
The laws on equal protection have seen the rise of sexual orientation issues and the rights of transsexuals and/or trans gender. In light of the struggles of these gender minorities pertaining to their gender category and sexuality, legal remedies emerged as a focal point for argument in these battles…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER93.2% of users find it useful
Legal Aspect of Transsexuals
Read Text Preview

Extract of sample "Legal Aspect of Transsexuals"

Download file to see previous pages

At the turn of the century where egalitarian mentality provoked social change and global recognition geared towards the recognition of transsexual rights saw the greater acceptance in the concept of sexual orientation. Sexual change that was deemed unacceptable and unthinkable is now legally accepted. It is understood that in the human rights activist cry for equality, a collective recognition is acceptable for all and not merely censored on a few singular groups. The potential for random discrimination in relation to their legitimate acceptance although currently under legal protection of laws has still raised compelling questions that can never be dismissed.

We cannot deny that there are still the so-called moral activists in adherence to old conservative theories who utter a different lament against these sexual minorities. There is an even greater chance that the social change may take its toll and be delegated to the far recesses of one's imagination unless the laws that protect the identity of transsexuals are recognized and properly implemented particularly in the society and their legal rights upheld where common complaints of gender inequality are often heard.

With the passing of certain laws that govern sexual discrimination acts, the seemingly simple question on the legal recognition of transsexuals in terms of thei. When the European Convention on Human Rights recognized individuals other than the traditional gender classification of male and female, a ground breaking law was heralded. In the field of sexual orientation the protection of transsexual rights of gay and lesbian under Article 8 of the European Convention has been interpreted "to extend to an adult's right to participate in private, consensual homosexual activity".

In Cossey v U.K.1, lodged with the Commission was Miss Cossey's complaint of the fact that under English law she cannot claim full recognition of her changed status and in particular is unable to enter into a valid marriage with a man. The applicant challenged the government to change her birth certificate to reflect her new gender and the basis of denial dwell on the substantial administrative burdens imposed on the birth certificates. Whilst the government desires to keep the accuracy of its records, the Government argued to maintain the privacy except on the "position of third parties (e.g. life insurance companies) in that they would be deprived of information which they had a legitimate interest to receive".

As a matter of interest, insurers have the legitimate interest in knowing the actual gender reassignment surgery. The Insurance laws has its ways and means of protecting that interest and the insured party's obligation lie mostly by providing material facts and empowering the insurer to nullify the contract if it appears that the insured has withheld such vital information.Nobody would imagine protecting insurers by insisting that everyone enters all medical treatment in a public register and besides it will take up

...Download file to see next pages Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Legal Aspect of Transsexuals Essay Example | Topics and Well Written Essays - 4250 words”, n.d.)
Retrieved from https://studentshare.org/people/1526466-legal-aspect-of-transsexuals
(Legal Aspect of Transsexuals Essay Example | Topics and Well Written Essays - 4250 Words)
https://studentshare.org/people/1526466-legal-aspect-of-transsexuals.
“Legal Aspect of Transsexuals Essay Example | Topics and Well Written Essays - 4250 Words”, n.d. https://studentshare.org/people/1526466-legal-aspect-of-transsexuals.
  • Cited: 0 times

CHECK THESE SAMPLES OF Legal Aspect of Transsexuals

Gene Determination

Birth defect of the sex organs that result in a problem with assigning a definite sex to a newborn child is known as Ambiguous Genitalia or Atypical Genitalia.... This condition is said to occur in about one in every 3,000 live births and is characterized by the presence of either a combination of male and female external genitalia....
7 Pages (1750 words) Essay

Managing Transsexual Transition in the Workplace

The post globalization era has posed a lot of challenges to the human resource management of any organization, considering in many continents, such as Asia, it has only recently been given any consideration and importance.... Organization operating nationally or internationally… ide employment to millions of workers who are directly responsible for the success or the failure of a business, and thus, the task of managing them and their issues is one of great importance for any type of organization....
10 Pages (2500 words) Essay

The Traditional Definition of Marriage

The paper "The Traditional Definition of Marriage" discusses that the legal consequence of the Civil Partnership Act 2004 and the Gender Recognition 2004 are welcome in acknowledging the rights of same-sex couples and transsexuals in line with their heterosexual counterparts.... hellip; The legal consequences of the civil partnership would suggest that the legal distinction between marriage and the registered partnership is academic and further supports Gandhi's view that family law should depend only on the nature of the particular relationship and which party is dependent on whom....
8 Pages (2000 words) Case Study

The UK Gender Recognition Act 2004

(Butler, 3).... This particular phrase makes it clear to us that human beings are not born with a gender; they are gendered by the society.... Most of the people confuse the meaning of sex and gender.... Gender to most people means… The biological definition of male and female is not the same as defining gender....
13 Pages (3250 words) Essay

The Issue of Transsexual Marriage in Hong Kongs State Law

Sex reassignment surgeries (SRS) are on the rise in the country as it At this wake, it is disputable to fix the clash between legal and logical spheres of the case that relates to the right of a person to perceived sexuality.... This case takes into consideration the implication of the verdict on the social spectrum of the transsexual with regards to his/her legal rights as a spouse especially in immigration apart from considering this as an issue of an individual's intellectual right to choose a life of his desired sexuality....
6 Pages (1500 words) Term Paper

Evolution of the Human Rights Law Framework

However, cultural redistribution of men's privileges and powers… But what is the legal significance of such developments?... This paper utilises a detailed review of academic and legal literature which is followed by a legal analysis.... Hilaire Barnett has attempted to evaluate the relevance and implications of feminist jurisprudence from feminist, historical, socio-cultural and legal perspectives.... The legal developments too have been affected in efforts to curb these tendencies....
10 Pages (2500 words) Essay

Sexuality and Growing up in Miami

This sexual objectification is a big problem for all people, and may result in intellectual torture for different sexual orientations, such as the intersexual people and the transsexuals, who may have to expose themselves especially when society thinks of them as misfits.... The transsexuals who wish to hide their identity seek other ways of revenue, such as prostitution, whereby they become call girls, streetwalkers or just workers in controlled parlors (Macionis 311)....
3 Pages (750 words) Essay

The Impact of the Human Rights Act 1998 on Individuals

The court further held that an individual's sexual life was an intimate aspect of their private life and that strong justification had to be provided to interfere with this right.... Firstly, if we consider the rights of homosexuals, lesbians and transsexuals and Article 8 of the ECHR is relevant to this particular section of the community.... Article 8 of the ECHR specifically deals with the right to privacy, and the approach of the European Court of Human Rights in Strasbourg has used Article 8 to address matters of sexual privacy, which has led to incidental protection of homosexuals and transsexuals....
11 Pages (2750 words) Coursework
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us