El derecho a la identidad sexual en la interpretación del tribunal Europeo de derechos humanos, entre margen de apreciación nacional y creación de normas comunes

Translated title of the contribution: The right to sexual identity in the interpretation of the European court of human rights: Between the national margin of appreciation and the creation of common rules

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2 Citations (Scopus)

Abstract

This article examines the evolution of the standards of protection of transsexual groups in the jurisprudence of the European Court of Human Rights, in particular with respect to the decisions that concern the violation of the right to sexual identity and self-determination, in the face of refusal by national authorities to modify the sex of transsexual persons in national registries. Aware of the constant tension between the need to protect rights recognised in the European Convention and respect for the margin of appreciation that States maintain in certain areas, the purpose of this research is to verify the existence and consolidation of minimum common standards or norms that the European Court has been developing and applying during its years of activity, and identify which challenges it still faces in this matter. Understanding these elements will lay the foundations for promoting the adoption of state legislative measures aimed at respecting these common standards and achieving an effective protection of the rights of trans people in the European context.

Translated title of the contributionThe right to sexual identity in the interpretation of the European court of human rights: Between the national margin of appreciation and the creation of common rules
Original languageSpanish
Pages (from-to)231-249
Number of pages19
JournalRevista Catalana de Dret Public
Issue number63
DOIs
Publication statusPublished - Dec 2021
Externally publishedYes

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