Humanities in health articles: Transgender, change of gender in civil status

Q3 Medicine

Ethics, Medicine and Public Health Pub Date : 2025-01-01 DOI:10.1016/j.jemep.2025.101101

F. Vialla , R. Porcher

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引用次数: 0

Abstract

These few lines explore legal and jurisprudential developments in France concerning gender identity, highlighting significant changes but also underlining gaps in current legislation. Initially based on a contested binary approach, French law regards sex as an element of a person's legal status. However, it remains silent on the definition of sex and does not pronounce on the issue, leaving it more readily to the human sciences. As for jurisprudence, it has long determined the legal framework, initially with hostility towards the legal transformation of sexual identity. However, the influence of European human rights case law has led to developments, notably in 1992, when the European Court of Human Rights stressed the need to recognize the current situation of a "trans" person in official documents, while subjecting it to specific situational conditions. Despite some changes in 2010, attenuating the logic of psychiatric treatment, jurisprudence persisted with strict medical requirements until 2016. The law on the modernization of justice in the 21st century has introduced significant changes, allowing a change in the mention of gender in civil status without medical requirements, but the text remains incomplete and imperfect. This new legislation, while important and innovative, has its shortcomings, particularly with regard to the filiation of children born after a sex change in civil status. The text does not seem to address this issue, which could lead to legal complications.

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健康文章中的人文学科：变性人，公民身份中的性别变化

这几条线探讨了法国关于性别认同的法律和法理发展，突出了重大变化，但也强调了当前立法中的差距。法国法律最初基于一种有争议的二元方法，将性视为一个人法律地位的一个要素。然而，它对性的定义保持沉默，也没有对这个问题发表意见，而是更容易把它留给人文科学。就法理学而言，它早已确定了法律框架，最初对性别认同的法律转化持敌对态度。然而，欧洲人权判例法的影响导致了事态的发展，特别是在1992年，当时欧洲人权法院强调有必要在官方文件中承认“变性人”的现状，同时使其符合具体的情境条件。尽管2010年发生了一些变化，削弱了精神病学治疗的逻辑，但直到2016年，法理学仍坚持严格的医疗要求。《21世纪司法现代化法》进行了重大修改，允许在没有医疗要求的情况下在公民身份中提及性别，但案文仍然不完整和不完善。这项新的立法虽然重要和具有创新性，但也有缺点，特别是在公民身份性别改变后出生的儿童的归属问题上。案文似乎没有解决这个问题，这可能导致法律上的复杂问题。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Ethics, Medicine and Public Health Medicine-Health Policy

CiteScore

2.20

自引率

0.00%

发文量

107

审稿时长

42 days

期刊介绍： This review aims to compare approaches to medical ethics and bioethics in two forms, Anglo-Saxon (Ethics, Medicine and Public Health) and French (Ethique, Médecine et Politiques Publiques). Thus, in their native languages, the authors will present research on the legitimacy of the practice and appreciation of the consequences of acts towards patients as compared to the limits acceptable by the community, as illustrated by the democratic debate.