Lawyer Iasi

Lawyer Civil Iasi

Lawyer good Iasi

TRANSGENDER, BETWEEN TABU AND RESPECTING A RIGHT

transgender-between-tabu-and-respecting-a-right

We dare today to approach a topic that is still tabu, but that can be found in the Romanian courts, hence it cannot be ignored. It is estimated that 0.2 – 0.6 % of the general population consider themselves as a transgender, being also the category with one of the lowest rates of depression (approximately 62%), suicide or self- injury.

 

The progress of medicine, particularly of endocrinology, makes it possible the approach of a sensitive complex topic, but at the same time controverse. The hormonal therapy that currently is extremely elaborated allows the transformation of a gender in the other one, of a man into a woman and inversely. Practically, this complex treatment addresses the ones who feel captive in a body of opposite gender (a man in a woman’s body or a woman in a man’s body). The vulnerability of these patients comes from the fear to be stigmatized by society, but also from self-medication by purchasing medicines from the online, due to the lack of proper medical monitoring.

Getting over the negative preconceptions and the customs of the society, the specialists are those who offer psychological, psychiatric counseling, adequate hormonal treatment (surgical in certain situations), but also an adequate legal counseling, as the change of gender, from the civil point of view, implies:

– the right to gender identity guaranteed by the Romanian Constitution

– the rights of transgender citizens of the European Union not to be denied employment or to be fired because of their sexual orientation – Treaty of Amsterdam, 2000

– the legal recognition of transgender people – The Gender Recognition Act, 2004, appears in the legislation of the UK

– Guaranteeing protection against discrimination and abuse –  Equality Act, UK, 2010

– National Health Institute, UK, does not allow doctors to refuse specialized consultations to a transgender person because of personal preconceptions

– The European Parliament adopted in 2019 a resolution recommending EU states to develop laws to protect transgender people

– The World Health Organization recommends that transgender subjects should no longer be considered to have a psychiatric pathology

PhD student Emilia Solomon – endocrinologist

Gianina Vera Poroșnicu, lawyer

 

Translation is carried out by authorized translator Nicoleta Popa