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transgender rights

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.

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

Arizona Revised Statutes § 15-120.02 Save Women’s Sports Act

The Save Women’s Sports Act, codified at Arizona Revised Statutes section 15-120.02, requires that interscholastic and intramural athletic teams sponsored by public schools, and certain private schools competing against them, be designated as male, female, or coeducational based on students’ biological sex assigned at birth. The law prohibits transgender students and students assigned male at birth from participating on teams designated for females assigned at birth, while allowing unrestricted participation in both male or coeducational teams.

Being v. Crum (D. Alaska 2020)

In Being v. Crum, transgender and nonbinary plaintiffs challenged Alaska’s Medicaid regulations that categorically excluded coverage for treatments related to gender affirming care, such as hormone therapy, surgical procedures, or additional therapies for gender dysphoria. The plaintiffs argued that these exclusions violated the Equal Protection Clause, Section 1557 of the Affordable Care Act and Medicaid’s requirements for comparability and availability.

Caso Rol N° 187-2023 Corte Suprema de Chile

In Case No. 187-2023, the Supreme Court of Chile ruled in a landmark gender justice case concerning the murder of a transgender woman. On May 16, 2023, the Oral Criminal Court of Iquique convicted the defendant of femicide. However, on October 4, 2023, the Iquique Court of Appeals overturned the conviction, holding that the victim did not legally qualify as a woman under the femicide statute because official records still listed her as male. After remand, the trial court once again convicted the defendant of femicide.

Civilinis Kodeksas (Civil Code)

Under the Civil Code, same-sex marriages are prohibited. In case of a divorce by mutual consent, the marriage can be dissolved if over a year has elapsed, the spouses have made a contract regarding divorce consequences, and they have full active legal capacity. If a couple has children, they have equal rights and duties as parents, regardless of whether they were married, divorced, or separated. A parent cannot surrender their rights or responsibilities over underage children.

Código Penal: Livro II, Título III - Crimes contra a identidade cultural e a integridade pessoal (Crimes against cultural identity and personal integrity)

Article 240 criminalizes discrimination and incitement to hatred and violence based on race, gender, sexual orientation, and gender identity, among others. The sentence is imprisonment for one to eight years.

O artigo 240 criminaliza a discriminação e incitamento ao ódio e à violência baseado em raça, gênero, orientação sexual e identidade de gênero, entre outros. A pena é de prisão de um a oito anos.

Cправа №815/4612/15 (Case No. 815/4612/15)

Officials of the Odessa City Council sued the head of the organizing committee of "Odessa Pride-2015" (a multi-day queer festival and peaceful meeting in support of human rights for everyone, regardless of sexual orientation and gender identity scheduled for August 2015), in order to limit the right of this organization to peaceful assembly by banning their mass public events, namely gatherings, rallies, pickets, demonstrations meetings, etc., in the center of Odessa.

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