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trans rights

Gender Justice Collection resources utilizing the keyword “trans rights,” or transgender rights, is a collection of State, Federal, Tribal, and International legal materials including case law, statutes/legislation, report summaries, etc., highlighting the legal treatment of trans and gender non-conforming identities. This collection contains resources related to the protections for transgender and gender non-conforming persons; including but not limited to, access to healthcare, the right to gender affirming care, protections from public or private violence, workplace harassment, gender markers, pronoun usage, self-determination, and gender identity discrimination. The keyword also includes jurisdictional exclusions for trans persons and legislation limiting and enhancing their protections. The intent of maintaining and enhancing “trans rights” as its own individual keyword within the LGBTIQ topic is to illuminate the legal treatment of, and the protections available for, transgender people within various jurisdictions.

Ação Direta de Inconstitucionalidade 4275 (Direct Action of Unconstitutionality)

Brazil’s Supreme Court decided by a majority that transgender individuals could change their legal name and gender originally included in their civil registry, without the presentation of psychological or medical evaluation, hormonal treatment, transition surgery, or any other medical procedure. The majority understood that no judicial authorization is necessary for the amendment, stating only a self-written report of the trans person is sufficient to change his/her legal name.

Anti-Discrimination Act (Tasmania)

The Anti-Discrimination Act 1998 makes it unlawful to directly or indirectly discriminate on the basis of certain grounds (‘attributes’), including sexual orientation, lawful sexual activity, gender, gender identity, sex characteristics, marital status, relationship status, pregnancy, breastfeeding, parental status, family responsibilities, irrelevant medical record, association with a person who has, or is believed to have, any of these attributes.

Anti-Discrimination Act of 1992 (Northern Territory)

The Anti-Discrimination Act prohibits discrimination in certain settings on the grounds of any designated attribute, including sex, sexuality, marital status, pregnancy, parenthood, breastfeeding, gender identity, and sex characteristics. The settings in which discrimination based on a designated attribute is prohibited include: education, work, accommodation, provision of goods, services and facilities, clubs, and insurance, and superannuation.

Application by Court of First Instance to Annul a Rule Provided under Article 40 of the Turkish Civil Code (Decision No. 2017/165)

Article 40 of the Turkish Civil Code, at the time of this application, required the courts to grant authorization to persons wishing to change their gender assignments and have gender reassignment surgery that (i) persons requesting such change be over the age of 18 and unmarried and (ii) there be an official health council report from an education and research hospital certifying that (a) they are transgender, (b) gender reassignment is necessary fo

Application by Court of First Instance to Annul Second Paragraph of Article 40 of the Turkish Civil Code

The application was made by the First Instance Court handling a case where a transgender man requested to change his gender assignment in the civil registry from “female” to “male.” The First Instance Court applied to the Constitutional Court for the annulment of the second paragraph of Article 40 of the Turkish Civil Code stipulating that amendments to be made in the civil registry to reflect the gender identity of the person whose gender assignment

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).

Case No. GRA 2017/56 – The Swedish Equality Ombudsman v. “the Foundation”: Decision from the Swedish Equality Ombudsman regarding gender -based separation on school bus and in gymnastics classes

Five notifications regarding discrimination of students by a Foundation were made to the Equality Ombudsman after the broadcast of a TV program. In the program, the students of a school owned by the Foundation were separated by gender on the school bus. The Equality Ombudsman’s investigation noted that a gender-based separation was also made in the gymnastics classes.

Case of X and Y v. Romania, European Court of Human Rights (2021)

Romanian administrative and judicial authorities rejected the requests of applicants, who are transgender persons, to correct their gender markers, their first name, and their personal identification number on official identification documents on the grounds that, in order to justify such a request, an applicant must prove that they had undergone gender affirmation surgery.

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