Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-g7gxr Total loading time: 0 Render date: 2024-11-03T02:18:37.208Z Has data issue: false hasContentIssue false

Serbia: Transgender Issues before the Constitutional Court of Serbia

Published online by Cambridge University Press:  09 November 2019

Melanija Jančić
Affiliation:
Assistant Professor, Faculty of European Legal and Political Studies, Educons University, Novi Sad, Serbia
Get access

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.

Type
Chapter
Information
Publisher: Intersentia
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×