FRENCH CASE LAWS UNSETTLED BY PROTECTION CLAIMS FROM INTERSEX PERSONS

Authors

  • Damien AFTASSI

DOI:

https://doi.org/10.54695/dss.59.05.2578

Keywords:

Sexual ambiguity, Third type, state correction, intersex operations, privacy, discrimination, expertise.

Abstract

If the judges of the Court of Appeal of Orleans strove
to consider the situation of an intersex claimant, blossomed in his neutral gender identity, they recognized
the unsuitability of French laws to disgress from the
gender binary in force. While highlighting self deterministic claims from a growing population concerned
by their physical integrity before medico-legal machinery, this judgment puts an end to a potential state
correction, replacing the mention of neutral gender
to the male one, on the birth certificate. CA Orleans
ch. Gathered on March 22, 2016, No. 15/03281-
142, Jurisdata No. 2016-004932, Reversing the decision of Tours TGI August 20, 2015, Jurisdata No.
2015-022399.

Published

2016-11-01

Issue

Section

Articles