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Legal Aspect of Transsexuals - Essay Example

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Legal Aspect of Transsexuals

At the turn of the century where egalitarian mentality provoked social change and global recognition geared towards the recognition of transsexual rights saw the greater acceptance in the concept of sexual orientation. Sexual change that was deemed unacceptable and unthinkable is now legally accepted. It is understood that in the human rights activist cry for equality, a collective recognition is acceptable for all and not merely censored on a few singular groups. The potential for random discrimination in relation to their legitimate acceptance although currently under legal protection of laws has still raised compelling questions that can never be dismissed. We cannot deny that there are still the so-called moral activists in adherence to old conservative theories who utter a different lament against these sexual minorities. There is an even greater chance that the social change may take its toll and be delegated to the far recesses of one's imagination unless the laws that protect the identity of transsexuals are recognized and properly implemented particularly in the society and their legal rights upheld where common complaints of gender inequality are often heard.
With the passing of certain laws that govern sexual discrimination acts, the seemingly simple question on the legal recognition of transsexuals in terms of thei...
When the European Convention on Human Rights recognized individuals other than the traditional gender classification of male and female, a ground breaking law was heralded. In the field of sexual orientation the protection of transsexual rights of gay and lesbian under Article 8 of the European Convention has been interpreted "to extend to an adult's right to participate in private, consensual homosexual activity". In Cossey v U.K.1, lodged with the Commission was Miss Cossey's complaint of the fact that under English law she cannot claim full recognition of her changed status and in particular is unable to enter into a valid marriage with a man. The applicant challenged the government to change her birth certificate to reflect her new gender and the basis of denial dwell on the substantial administrative burdens imposed on the birth certificates. Whilst the government desires to keep the accuracy of its records, the Government argued to maintain the privacy except on the "position of third parties (e.g. life insurance companies) in that they would be deprived of information which they had a legitimate interest to receive".

As a matter of interest, insurers have the legitimate interest in knowing the actual gender reassignment surgery. The Insurance laws has its ways and means of protecting that interest and the insured party's obligation lie mostly by providing material facts and empowering the insurer to nullify the contract if it appears that the insured has withheld such vital information.Nobody would imagine protecting insurers by insisting that everyone enters all medical treatment in a public register and besides it will take up ...Show more

Summary

The laws on equal protection have seen the rise of sexual orientation issues and the rights of transsexuals and/or trans gender. In light of the struggles of these gender minorities pertaining to their gender category and sexuality, legal remedies emerged as a focal point for argument in these battles…
Author : heidenreichkyli
Legal Aspect of Transsexuals essay example
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