Reframing the timeless debate about the legal implications of transexuality
Special reference to the situation of minors after Spanish Constitutional Court judgment 99/2019 of 18 July 2019
Bibliographic Data
| ID | 23030614 |
|---|---|
| Authors | Elena Atienza Macías (0000-0002-4275-7170, Universidad de Deusto, corresponding author), Elena Atienza-Macías |
| Year | 2021 |
| Volume | 11 |
| Issue | 3 |
| Pages | 930-947 |
| Publication date | 2021-06-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Oñati Socio-legal Series (JOURNAL) |
| Journal identifiers | ISSN: 2079-5971 • E-ISSN: 2079-5971 |
| Publisher | Onati International Institute for the Sociology of Law (PUBLISHER • ES) |
| DOI | 10.35295/osls.iisl/0000-0000-0000-1187 |
| OpenAlex | W3164634563 |
| Language | EN |
| References cited | 7 |
By virtue of the existing laws and regulations in Spain (i.e., Law 3/2007, of 15 March, regulating the register rectification of the entry related to a person’s sex) any person of Spanish nationality, of legal age and with sufficient capacity to do so, may request the register rectification for sex change. A new aspect regarding the legal age was introduced not long ago. In this regard, the Constitutional Court of Spain in judgment 99/2019, 18 July 2019, declared unconstitutional article 1.1 of the aforementioned Law 3/2007 since it does not allow the sex change in the registry (and, consequently, the name) to minors, who, however, have sufficient maturity and live in a steady state of transsexuality. The Court states that this prohibition implies a disproportionate interference in minors right to privacy and it is contrary to the principle that guarantees them a space for the free development of his/her identity. Under the pretext of the mentioned landmark case-law we will highlight a series of controversial issues concerning sexual rights. Obviously, this question is still subject to debate and has lost none of its urgency.
Constitution · Constitutional court · Political science · Sociology · Child and Adolescent Health · Data Privacy and Cybersecurity · Ethics and bioethics in healthcare · Law
| Highly cited | No |
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