Trans Jurisprudence: Fundamental Rights, Balancing of Principles, and the Gendered Subject at the Comparative Level

Presentation by Stefano Osella (LAW, 4th year researcher)

Meeting of the LGBTIQ Interdisciplinary Working Group

Time: 17 January 2018, 17:00-19:00

Place: Badia Fiesolana, Seminar Room 2

In his presentation Stefano Osella will discuss the right of trans persons to have their gender identity legally recognized through reclassification for all legal purposes (right to gender recognition) in Italian and UK law, in relation to the jurisprudence of the EU Court of Justice and European Court of Human Rights (ECtHR). His paper aims to show how the right to gender recognition has evolved through fundamental rights advocacy. Moreover, the paper conceptualizes the right to gender recognition as a balancing exercise among competing legal principles. Concretely, the legal systems analysed deploy a medico-legal apparatus which objectifies gender, creates a ‘gendered subject’, and ultimately impacts on the human body.