Book contents
- Frontmatter
- Preface
- Contents
- List of Contributors
- Albania: Are Albanian Legal Rules on Divorce Adequate for High-Conflict Divorces?
- Australia: Reform and Complexity: A Difficult Balance
- Brazil: The Social Food Bank and the State's Duty to the Child in the Face of the Non-Fulfillment of Child Support Executions
- Canada: Habitual Residence of Abducted Children and Divorce Act Reform
- China: On Protection of the Child's Right to Care under the Minor Guardianship System in China
- England and Wales: Familial Relationships: Entrances and Exits
- The Faroe Islands: A New Family Law is Born
- France: A Chronicle of French Family Law
- Hong Kong: Slow Progress Towards Family Law Reform?
- Ireland: ‘Best Interests’ as a Limited Constitutional Imperative
- Italy: The Divorce Allowance in Italian Law: The Role of Jurisprudence in the Formation of the Legal Rule in the Family Sphere
- Korea: AID and Surrogacy in Korean Law
- Namibia: Towards a New Juvenile Justice System in Namibia
- New Caledonia: Legal Pluralism and Diversity of Interpretation of Fundamental Rights (Common Law, Customary Law, Reservation Related to Indigenous Rights): The Example of New Caledonia
- New Zealand: Reform is in the Air
- Papua New Guinea: State and Customary Laws and the Underlying Law of Papua New Guinea: A Family Law Conundrum
- Portugal: What's Mine is Mine and Won't be Yours: The Newly Introduced Possibility of Opting Out of the Mandatory Succession Effects of Marriage in Portugal
- Serbia: Transgender Issues before the Constitutional Court of Serbia
- The Seychelles: The Seychellois Family Tribunal and its Implementation of the Family Violence (Protection of Victims) Act 2000
- UN Committee on the Rights of the Child: Reflections on Family Law Issues in the Jurisprudence of the CRC Committee: The Convention on the Rights of the Child @ 30
- United States of America: Same-Sex and Different-Sex Relationships: Is it Time for Convergence?
- Index
Serbia: Transgender Issues before the Constitutional Court of Serbia
Published online by Cambridge University Press: 09 November 2019
- Frontmatter
- Preface
- Contents
- List of Contributors
- Albania: Are Albanian Legal Rules on Divorce Adequate for High-Conflict Divorces?
- Australia: Reform and Complexity: A Difficult Balance
- Brazil: The Social Food Bank and the State's Duty to the Child in the Face of the Non-Fulfillment of Child Support Executions
- Canada: Habitual Residence of Abducted Children and Divorce Act Reform
- China: On Protection of the Child's Right to Care under the Minor Guardianship System in China
- England and Wales: Familial Relationships: Entrances and Exits
- The Faroe Islands: A New Family Law is Born
- France: A Chronicle of French Family Law
- Hong Kong: Slow Progress Towards Family Law Reform?
- Ireland: ‘Best Interests’ as a Limited Constitutional Imperative
- Italy: The Divorce Allowance in Italian Law: The Role of Jurisprudence in the Formation of the Legal Rule in the Family Sphere
- Korea: AID and Surrogacy in Korean Law
- Namibia: Towards a New Juvenile Justice System in Namibia
- New Caledonia: Legal Pluralism and Diversity of Interpretation of Fundamental Rights (Common Law, Customary Law, Reservation Related to Indigenous Rights): The Example of New Caledonia
- New Zealand: Reform is in the Air
- Papua New Guinea: State and Customary Laws and the Underlying Law of Papua New Guinea: A Family Law Conundrum
- Portugal: What's Mine is Mine and Won't be Yours: The Newly Introduced Possibility of Opting Out of the Mandatory Succession Effects of Marriage in Portugal
- Serbia: Transgender Issues before the Constitutional Court of Serbia
- The Seychelles: The Seychellois Family Tribunal and its Implementation of the Family Violence (Protection of Victims) Act 2000
- UN Committee on the Rights of the Child: Reflections on Family Law Issues in the Jurisprudence of the CRC Committee: The Convention on the Rights of the Child @ 30
- United States of America: Same-Sex and Different-Sex Relationships: Is it Time for Convergence?
- Index
Summary
INTRODUCTION: BRIEF GUIDANCE THROUGH TRANSGENDER TERMINOLOGY
Gender identity is one of the most fundamental aspects of life. According to the Yogyakarta Principles, gender identity refers to each person's deeply felt internal and individual experience of gender, which may or may not correspond with the sex assigned at birth, including the personal sense of the body (which may involve, if freely chosen, modification of bodily appearance or function by medical, surgical or other means) and other expressions of gender, including dress, speech and mannerisms. Transgenderism is an umbrella notion and includes people whose gender identity differs from the sex assigned at birth and also people who feel the need to express themselves differently from the expected gender role assigned at birth, through clothing, decoration, behaviour, speech form, cosmetics or body. Those people do not identify or express themselves as male or female. Therefore, transgenderism includes transgender and transsexual people, transvestites, cross-dressers and very oft en intersex people.
Transsexuality is defined as an extreme form of gender dysphoria: when a person with all external characteristics of one sex at the same time firmly believes that he or she belongs to another sex. The syndrome of gender dysphoria means feeling uncomfortable due to incompatibility between one's own gender identity and gender role, on the one hand, and biological sex, i.e. primary and secondary sex characteristics, on the other hand. In addition, transsexuality is considered a gender identity disorder according to the 10th Revision of International Classification of Diseases (‘ICD-10’) that was officially adopted at the 43rd Assembly of World Health Organization in May 1990. Therefore, transsexuality is a desire to live and be accepted as a member of the opposite sex, usually accompanied by a sense of discomfort with, or inappropriateness of, one's anatomic sex, and a wish to have surgery and hormonal treatment to make one's body as congruent as possible with one's preferred sex.
LEGAL PROBLEMS PRIOR TO LEGISLATIVE CHANGE
Until recently, in Serbia there was no legal framework to change legal gender status or personal documents of transgender persons after having undergone gender reassignment surgery.
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- Information
- International Survey of Family Law 2019 , pp. 271 - 280Publisher: IntersentiaPrint publication year: 2019