An Improved Protection for the (Mentally Ill) Trans Parent: A Queer Reading of AP,Garçon and Nicot v France |
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| Authors: | Damian A. Gonzalez‐Salzberg |
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| Affiliation: | Lecturer in Law, University of Sheffield. I am grateful to my friend and colleague Dr Yin Harn Lee and to the anonymous reviewer for their very helpful comments on an earlier draft. |
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| 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 over time, imposing upon the states of the Council of Europe certain minimum standards regarding the legal recognition of gender identity. In its recent judgment of 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 in queer theory, noting both the positive and the negative elements of the Court's decision. |
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| Keywords: | European Court of Human Rights LGBT rights trans rights gender recognition gender transition queer theory |
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