Gonzalez Salzberg, D.A. (2018) An improved protection for the (mentally ill) trans parent: A queer reading of A.P., Garçon and Nicot v France. Modern Law Review, 81 (3). pp. 526-538. ISSN 0026-7961
Abstract
The European Court of Human Rights has been deciding cases concerning LGBT rights since the early 1980s. Its case law on trans rights has changed drastically through time, imposing upon the States of the Council of Europe certain minimum standards regarding the legal recognition of gender identity. In its recent judgment from April 2017 the Court laid down a new rule to be adopted by domestic legislation; namely, that the legal recognition of gender transition cannot be made conditional upon pursuing medical or surgical procedures which have (or are likely to have) sterilising effects. This article analyses the judgment from a critical perspective grounded on queer theory, weighting both the positive and the negative elements of the Court’s decision.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | This is the peer reviewed version of the following article: Gonzalez‐Salzberg, D. A. (2018), An Improved Protection for the (Mentally Ill) Trans Parent: A Queer Reading of AP, Garçon and Nicot v France. The Modern Law Review, 81: 526-538, which has been published in final form at https://doi.org/10.1111/1468-2230.12344. This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for Self-Archiving. |
Keywords: | European Court of Human Rights; LGBT rights; trans rights; gender recognition; gender transition; queer theory |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 04 Oct 2017 10:43 |
Last Modified: | 01 May 2019 00:38 |
Published Version: | https://doi.org/10.1111/1468-2230.12344 |
Status: | Published |
Publisher: | Wiley |
Refereed: | Yes |
Identification Number: | 10.1111/1468-2230.12344 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:121964 |