The Gradual Advancement of Trans Rights: A Critical Perspective on the Case-law of European Supranational Courts

Authors

  • Carla Maria Reale

DOI:

https://doi.org/10.15168/2284-4503-3193

Keywords:

Gender recognition, trans rights, EU law, ECtHR, depathologization

Abstract

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.

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Published

2024-10-17

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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

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