The Year in Review: Law

Development in the law is either conveyed by legal literature or by ground-breaking judgements that set a domestic or international standard for the protection of trans people. Hence the need to also observe and report... [ view full abstract ]

Development in the law is either conveyed by legal literature or by ground-breaking judgements that set a domestic or international standard for the protection of trans people. Hence the need to also observe and report case-law in addition to literature, as the impact on the understanding of gender identity rights and practices is equally influenced by both sources.

The aim of the overview is to provide a bird-eye perspective on how trans rights have been understood and improved since May 2015, with special attention devoted to the link between law and trans health. [ view full abstract ]

The aim of the overview is to provide a bird-eye perspective on how trans rights have been understood and improved since May 2015, with special attention devoted to the link between law and trans health.

Literature review is carried out using book reviews and bibliographic databases and searching relevant journal articles and monographies. With regard to leading case-law, considering that litigation is mostly at the national... [ view full abstract ]

Literature review is carried out using book reviews and bibliographic databases and searching relevant journal articles and monographies. With regard to leading case-law, considering that litigation is mostly at the national level and the source clearly in the local language, selection is based on the personal knowledge of the speaker and on advice of colleagues in European States.

A few legal books were identified along with some substantial decisions at the European and national level. They show some significant advances in the human rights approach in dealing with trans rights and ensuring their... [ view full abstract ]

A few legal books were identified along with some substantial decisions at the European and national level. They show some significant advances in the human rights approach in dealing with trans rights and ensuring their well-being under the law. Unfortunately, linguistic barriers limited the review to only a part of European jurisdictions.

There is evidence of a – albeit slow – trend distinguishing a medical from a legal approach to trans well-being. Indeed, the process of depathologisation, not surprisingly, also entails a parallel process of... [ view full abstract ]

There is evidence of a – albeit slow – trend distinguishing a medical from a legal approach to trans well-being. Indeed, the process of depathologisation, not surprisingly, also entails a parallel process of depathologisation in the law, especially in matters of legal gender recognition. As a consequence, medical procedures and evidence are becoming less relevant for the affirmation of self-determination. Some cases are also emerging with regard to health insurance matters.