Resumen
Do transsexual people in Chile have a right to have their gender identity or their sex reassignment legally recognized? The absence of any legislation on gender identity or transsexualism could lead us to believe that it is not the case. However, a quantitative review of decisions issued by Chilean courts during the last years on name-and sex-change requests filed by transsexual people reveals that most of these courts have accepted these requests. From the perspective of the well-being of transsexual people, this is a positive result. However, the fact that a few rejections exist reminds us of the need to enact an explicit legislation in this issue. Lastly, a qualitative analysis of those decisions suggests that the traditional reluctance of courts to interpret the law in a creative way has been overcome in these cases by the use of knowledge and discourses belonging to healthcare sciences. This is an example of an epistemological complementariness between medicine and law.
Título traducido de la contribución | Legal recognition of transsexuality in chile through the judicial procedure for name change |
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Idioma original | Español |
Páginas (desde-hasta) | 1015-1019 |
Número de páginas | 5 |
Publicación | Revista Medica de Chile |
Volumen | 143 |
N.º | 8 |
DOI | |
Estado | Publicada - 2015 |
Publicado de forma externa | Sí |
Nota bibliográfica
Publisher Copyright:© 2015 Sociedad Medica de Santiago. All rights reserved.
Áreas temáticas de ASJC Scopus
- Medicina General