One Person, Two Identities: The Problem of Legal Gender Recognition of a Transgender Person in Europe.

Abstract

The legal recognition of the gender status of transgender people in Europe (and indeed worldwide) is undoubtedly a complex and multifaceted issue, which has prompted academics and legal practitioners to raise numerous scientific questions and seek answers thereto. The gravity of this issue is heightened by the fact that the daily functioning of a transgender person in society as a person of registered (assigned at birth) sex that is incongruent with their self-perception exposes them to constant and conspicuous distress (the so-called gender dysphoria), often manifested in various forms of discrimination. The role of every European state should be to eliminate, or at least minimize, such distress and the risk of discrimination. One of the ways to attain these specified objectives may very well be the eponymous procedure of legal gender recognition for transgender people. This article was conceived with the perspective of human rights in mind. Consequently, its primary assertion is that the aim of every proceeding (be it judicial or administrative) concerning gender recognition is the realization of comprehensive protection of rights and freedoms for a transgender person. An additional aim of the present article is to attempt to facilitate the task of judges who adjudicate cases involving gender recognition, officials who process applications for changes in civil status records, and attorneys who represent transgender people in matters pertaining to changing a person's name and gender marker on identity documents.