Abstract
Access to legal gender recognition is contingent on a diagnosis of transsexualism and an infertility requirement. These conditions amount to an interference with a transperson’s right to respect for private life. This article examines the constitutionality of these requirements and draws some constitutional boundaries. The infertility requirement violates fundamental and human rights and could amount to degrading treat- ment, which is absolutely prohibited. It lacks reasonable justification and is disproportionately severe. The process for a diagnosis should be quick, accessible and with sufficient legal safeguards. The diagnosis should not rely on gendered stereotypes.
| Translated title of the contribution | Constitutional Boundaries for Legal Gender Recognition in Finland |
|---|---|
| Original language | Finnish |
| Journal | Oikeus |
| Volume | 47 |
| Issue number | 4 |
| Pages (from-to) | 416-438 |
| Number of pages | 23 |
| ISSN | 0356-4037 |
| Publication status | Published - 2018 |
| Externally published | Yes |
| MoE publication type | A1 Journal article-refereed |
Fields of Science
- 513 Law