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German Constitutional Court declares compulsory surgeries unconstitutional

Started by Shana A, January 29, 2011, 09:18:02 AM

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Shana A

German Constitutional Court declares compulsory surgeries unconstitutional
Fri, 01/28/2011 - 14:23 — Richard
TGEU welcomes decision by German Constitutional Court: other countries ought to ban sterilization requirement as not constitutional

http://www.tgeu.org/PR_German_Court_rules_sterility_requirement_unconstitutional

The German Constitutional Court has announced in a press release [1]  today that the requirement to undergo sterilization or gender reconstruction surgery is not constitutional. The decision has immediate effect.The plaintiff, a 62 year old transsexual woman, had acquired the so-called "small solution" with a name change, but not altered the civil status due to the requirement to undergo sterilization surgery. With a still "male" civil status she and her female partner had been denied the right to enter a registered same-sex partnership. If forced to marry, so plaintiff, they are recognizable as a partnership with at least one transsexual spouse – a live free from discrimination made impossible.

The First Division of the Federal Constitutional Court has ruled that the standardized conditions for legal gender recognition of transsexuals to enter into a partnership are not compatible with the right to sexual self-determination, physical integrity and privacy.
"Be yourself; everyone else is already taken." Oscar Wilde


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