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gender identity

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Applicants McEwan, Clarke, et al. v. Attorney General

On February 6, 2009, four transgender individuals (A, B, C, D) identifying as female were arrested and charged with both Loitering and Wearing Female Attire.  The police detained the Applicants for the entire weekend without explaining the charges against them.  Wearing Female Attire is prohibited under Section 153(1)(XLV11) of the Summary Jurisdiction (Offences) Act, chapter 8:02.

Case No. 3488-17 – A. v. the Swedish National Board of Health and Welfare

The court ruled that a person who was designated male at birth, but who had undergone sex reassignment therapy and who had changed their legal identity to female has the right to change their legal identity back to male, despite having female genitalia. The court further held that Section 1 of the Swedish Gender Identification Act can be applied in this situation (i.e., where a person would like to change his or her legal identity back to a previous legal identity after having undergone sex reassignment therapy).

Foy v. Registrar General & Attorney General

In 2007, the High Court held that the failure to allow the applicant, a transgender woman who had undergone gender-affirming surgery, to obtain a new birth certificate recording her gender as female violated her rights under Article 8 and 12 of the European Convention on Human Rights, which had been made part of Irish law, despite having found in previous proceedings involving the same applicant that her constitutional right to privacy was not disproportionately or excessively infringed.  The Court agreed with the applicant that existing Irish law barred the effective recognition

Loi n°2016-1547 du 18 novembre 2016 de Modernisation de la Justice du XXI siècle (2016) (Law on the modernization of justice)

Law No. 2016-1547 simplifies the procedures for changing an individual’s first name(s) and gender in civil status records. The law also replaces the discrimination criterion of "sexual identity" by "gender identity". Medical interventions and care carried out as part of a transitional medical process can be covered by social security. Since the adoption of this law, the first name change procedure is no longer a judicial process, and any individual may request the civil registrar to change first name(s) under article 60 of the French Civil Code.

R v. Soko and Another

The two accused persons were charged and convicted of having carnal knowledge against the order of nature –contrary to Section 153(a) of the Penal Code, which is understood to prohibit same-sex sexual relations. In the alternative, the two accused persons were charged with indecent practices between men contrary to Section 156 of the Penal Code. Both of the accused persons pleaded not guilty but were convicted of both charges and sentenced to the maximum penalty of 14 years of imprisonment including hard labor.

Zakon o azilu (Law on Asylum)

This law sets the procedure for granting refugee status; the status of subsidiary protection; cessation and revocation of a refugee status and the status of subsidiary protection; temporary protection, identification documents; the rights and obligations of asylum-seekers, refugees, and aliens under subsidiary protection; and other issues related to asylum in BiH.  Article 9 of the Law on Asylum enhances the protection of women as it prohibits the discrimination of aliens on all grounds stipulated in the

Справа № 826/16044/14

The plaintiff filed an administrative lawsuit against the Ministry of Health of Ukraine, asking to cancel paragraph 3 of the Medico-Biological and Socio-Psychological Guidelines for the Change (Correction) of Gender Identity adopted by the Ministry’s Order No. 60 dated 3 February 2011 (Order No. 60), specifically the part that lists the presence of children under the age of 18 and serious problems with social adaptation (unemployment, absence of permanent residence, etc.) as arguments for denying the procedure.

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