The Gradual Advancement of Trans Rights: A Critical Perspective on the Case-law of European Supranational Courts
DOI:
https://doi.org/10.15168/2284-4503-3193Keywords:
Gender recognition, trans rights, EU law, ECtHR, depathologizationAbstract
This article seeks to analyze the case-law of the Court of Justice of the European Union and the European Court of Human Rights concerning legal recognition of gender identity within member states. It adopts a critical perspective, emphasizing the actual realization of fundamental human rights. The analysis will reveal that, despite notable differences, both Courts have moved away from a biologically essentialist framework, gradually progressing toward a model focused on self-determination. However, this evolution has not yet fully embraced depathologization or the complete acknowledgment of trans identities.
Downloads
Published
2024-10-17
Issue
Section
Focus on
License

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
How to Cite
Reale, C. M. (2024). The Gradual Advancement of Trans Rights: A Critical Perspective on the Case-law of European Supranational Courts. BioLaw Journal - Rivista Di BioDiritto, 3, 135-155. https://doi.org/10.15168/2284-4503-3193