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The status of transgender persons in civil law
Reck, Martin ; Elischer, David (advisor) ; Hrádek, Jiří (referee)
The status of transgender persons in civil law Abstract The thesis focuses on the legal regulation of gender reassignment in the Czech Republic, both in terms of civil law and constitutional law. The thesis initially focuses mainly on the correct definition of important terms and their essential meaning. Attention is paid not only to transsexuality itself and its forms, but also to related conditions such as intersexuality and transvestitism. After discussing the human rights foundations of gender reassignment, the thesis briefly discusses the historical genesis of the legal regulation of gender reassignment. This is followed by a description of the currently effective legislation, including its shortcomings with regard not only to domestic law but also to the Czech Republic's international obligations under international human rights treaties. In this area, the greatest emphasis is then placed on the decision-making of the European Court of Human Rights, which is more advanced than Czech national courts in this area. Apart from transsexuality and the process of gender reassignment, the thesis also focuses on the opposite phenomenon, namely detransition. This topic is often neglected, even though it is a topic essentially inseparable from gender reassignment and offers many interesting legal issues. The...
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The legal aspects of gender reassignment
Kotková, Petra ; Frinta, Ondřej (referee)
1 ABSTRACT Dissertation on Legal Aspects of Gender Reassignment. Characteristics of the topic, definition of the aim of the thesis and methods. The statement that "Man is born free and is everywhere in chains" is not merely a well known sentence with which the Enlightenment philosopher Jean Jacques Rousseau opened his treatise On the Social Contract, for it reverberates the idea of universal human freedom. Therefore, this quotation can also be applied to the very sensitive issue that is the subject of this work. It has been argued in the literature that the issue of gender reassignment is a reminder that the social categories (male, female) that we encounter in everyday life are not a definitive description of the diversity of society, but a reflection of individual imagination. One cannot but agree with this, although there are other views. The first references to sexual mismatch can be seen in antiquity. Literature suggests that men at this time were characterised by femininity in their behaviour and character. Among the well-known medieval figures, Joan of Arc, who removed her breasts, cut her hair and dressed up as a man, can be mentioned. In these times, no distinction was made between transvestitism and transsexuality. It was not until 1897 that Doctor Howard published a case of a man who fit today's...
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Gender Reassignment from the Point of View of Social Law
Sklenářová, Hana ; Koldinská, Kristina (advisor) ; Munková, Gabriela (referee)
Gender Reassignment from the Point of View of Social Law Abstract This thesis deals with legislation regulating gender reassignment in the Czech Republic, specifically conditions which allow a person to undergo gender reassignment, like chirurgical procedures and sterilization. I compared Czech legislation with opinions expressed by the European Court of Human Rights. I determined whether Czech legislation is consistent with development in other European countries. I focused in more detail on the topic of people who undergone gender reassignment getting married and being forced to end their current marriage. I also concentrated on payment of medical bills and retirement age within social insurance. I would like to spread awareness of gender reassignment with this thesis, which is not very widespread in society. I would also like to compare Czech legislation with ECHR's opinion and find out whether Czech legislation is too obsolete. Czech legislation demands chirurgical procedures and sterilization for allowance of gender reassignment, which is in contrast with ECHR's case law and other European states' legislations. 31 of 39 states of The Council of Europe permit transgender people gender reassignment without previous chirurgical procedures or sterilization. The case law and society have changed in the last...
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Transsexuality in law
Nguyenová, Nikola ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
Transsexuality in law Abstract Gender reassignment is a topical issue that concerns only a relatively small number of people and is not given the necessary attention in the Czech legal environment, although the legislation is insufficient for a long time and does not comply with internationally recognized human rights standards. The legal system is based on the binary concept of gender and trans people are often unable to place themselves within it. The title of the thesis reflects the legal situation of trans people in the Czech Republic, as the legislation pays attention only to transsexuals and allows them to achieve life in the official gender they identify as. The law forgets other trans people who, for various reasons, do not wish to undergo surgical gender reassignment and, due to unfavorable legislation, have to deal with unpleasant and humiliating situations and discrimination. The thesis provides an explanation of the terminology of the issue, a description of the process of gender reassignment and an analysis of the legal status of transgender people in the Czech Republic with an emphasis on a critical analysis of key aspects of gender reassignment. In addition, the provisions of the Czech legislation in the Civil Code, the Act on Specific Health Services, the Act on Registries and the Act on...
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Legal aspects of gender reassignment
Dočekalová, Hana ; Frinta, Ondřej (referee)
Legal aspects of gender reassignment Abstract Thesis deals with legal aspects of gender reassignment, especially with legal conditions of gender reassignment witch are required by the Czech law. Furthermore, the thesis provides a general introduction to the issue of transsexuality, deals with the etiology of transsexuality, and defines its two fundamental types, namely the MtF and the FtM transsexuality. This thesis also recalls the position of transgender people in society, as transgender people continuously face various forms of discrimination. In particular, the text of the thesis is focused on the legal analysis of the issue of gender reassignment. The thesis deals with all legal regulations that contain provisions concerning gender reassignment. In this manner, it deals with all relevant legal provisions included in the Czech Civil Code, in the Act on Specific Health Services, and in the Registry Act. The thesis also deals with the possible future legal regulation of gender reassignment using the de lege ferenda considerations. This bill could adapt the Czech legal regulation of gender reassignment to the case-law of The European Court of Human Rights as well as the legal standarts in other european countries. In the thesis, there is also the whole process of gender reassignment including both the...
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Legal aspects of gender reassignment
Dočekalová, Hana ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Legal aspects of gender reassignment Abstract Thesis deals with legal aspects of gender reassignment, especially with legal conditions of gender reassignment witch are required by the Czech law. Furthermore, the thesis provides a general introduction to the issue of transsexuality, deals with the etiology of transsexuality, and defines its two fundamental types, namely the MtF and the FtM transsexuality. This thesis also recalls the position of transgender people in society, as transgender people continuously face various forms of discrimination. In particular, the text of the thesis is focused on the legal analysis of the issue of gender reassignment. The thesis deals with all legal regulations that contain provisions concerning gender reassignment. In this manner, it deals with all relevant legal provisions included in the Czech Civil Code, in the Act on Specific Health Services, and in the Registry Act. The thesis also deals with the possible future legal regulation of gender reassignment using the de lege ferenda considerations. This bill could adapt the Czech legal regulation of gender reassignment to the case-law of The European Court of Human Rights as well as the legal standarts in other european countries. In the thesis, there is also the whole process of gender reassignment including both the...
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