PROBLEM OPSTANKA BRAKA NAKON PRAVNE PROMENE POLA JEDNOG OD SUPRUŽNIKA

By its decision in case Goodwin v. United Kingdom (2002), The European Court of Human Rights has established positive obligation of states parties to find appropriate means of achieving legal recognition of one’s gender reassignment in the context of the right to protection of private life. Under the direct influence of the mentioned judgement, Constitutional Court of Serbia was deciding on constitutional complaint of a transsexual in 2012 and made the decision that administrative authorithies dealing with civil status registry have subject-matter jurisdiction to enter gender reassignment data in birth records. After, The Law on Civil Records was amended in 2018 enabling adoption of by-law act that esentially involves substantial requirements for legal recognition of preferred gender in birth records. Hence, it is possible for a transsexual to have his/her preferred gender legally recognized during the marriage. Since domestic law still does not allow same-sex marriages, the issue of such marriage survival may arise when both spouse accept legal gender reassignment deciding not to break up their marriage bond. The problem of marriage survival after legal gender reassignment in states that have enabled same-sex marriage is part of legal history. However, for legislations that insist on the heterosexual idea of marriage, these cases give rise to legal difficulties. The historical-legal and comparative-legal approach indicate that after the legal change of gender during the marriage, the values of marriage and the right to gender identity are viewed as opposites. In this regard, a transgender person is required to sacrifice marriage or to renounce his or her right to gender identity. However, the law of Serbia on this issue is, to put it mildly, indefinite. Thus, on the one hand, the Serbian Constitution supports the heterosexual view of marriage, while on the other hand it guarantees the freedom of divorce and the inviolability of human dignity. At the same time, the existing rules on the conditions for legal gender reassignment do not regulate the question of the fate of such a marriage. At the same time, within the framework of the domestic legal order, there is no direct legal means by which the mentioned same-sex marriage would end against the will of the spouses. Ultimately, there is a dilemma as to whether the preservation of the institution of marriage can be insisted on at the expense of the will of the spouses as individuals. According to domestic law, a legal change of gender in the birth records occurs on the basis of a constitutive administrative act of the municipal or city administration responsible for keeping the civil records. The mentioned administrative act determines the gender reassignment on the basis of the certificate of the appropriate health institution. The effect of gender reassignment is tied to the date of the decision of the administrative body and is valid for the future. Thus, a legal change of gender does not affect the parental relationship that may have been previously established between the person who legally changed the gender and the child. Therefore, imposing the termination of a marriage after a legal reassignment of gender of one of the spouses cannot be acceptable. However, as marital status is only one segment of the legal status of transgender persons, it is necessary to enact a special law that would regulate their legal status and eliminate problems that may arise in practice. In the case of a possible procedure for assessing constitutionality and legality, the decision of the Constitutional Court of Germany from 2008 should serve as a guide for the Constitutional Court of Serbia. According to this decision, the marriage would remain valid even after the legal change of gender of one of the spouse until the special legislation that would determine the manner of exercising the right to gender identity is adopted in cases when spouses do not want divorce.

MEDICINSKE USLUGE POLNOG PRILAGOĐAVANjA KAO USLOV ZA PRAVNU PROMENU POLA U SVETLU PRAKSE EVROPSKOG SUDA ZA LjUDSKA PRAVA

By its decision in case Goodwin v. United Kingdom (2002), The European Court of Human Rights has recognized the positive obligation of states to provide conditions for the legal recognition of preferred gender in the context of the right to respect for private life. In this regard, the Court emphasized gender identity as an important element of personal identity and an integral part of the transgender person's right to private life. On the other hand, states have kept their margin of appreciation regarding requirements needed for changing gender data in civil registries or in other words legal recognition of preferred gender. After Goodwin case, that has laid foundations for the rights of transgender people to gender identity, further development of this right was set by the decision of the European Court of Human Rights in case A.P., Garçon and Nicot v. France (2017). By this decision, the Court has further narrow the margin of appreciation removing imposing of sterilisation as a requirement for legal gender recognition. Finally, The European Court of Human Rights has taken the position in the latest judgment X and Y. v. Romania (2021) that conditioning legal recognition of preferred gender with surgical interventions of gender reassignment represents breach of the right to respect private life. Thus, the Court further approached Council of Europe Resolution 1728 (2010) according to which states are suggested to remove from the requirements for legal gender recognition the subjection to any medical service of gender reassignment, including hormone therapy. Domestic legislation has retained only hormone therapy as a necessary condition for legal gender reassignment. Although this solution is in accordance with the latest case law of the European Court of Human Rights, another step is needed to make the exercise of the right to gender identity adjusted to the "soft law" of the Council of Europe and the bodies under the auspices of the United Nations.

A comparative study of the fa'afafine of Samoa and the whakawahine of Aotearoa/New Zealand

<p>This study explores the meaning of the fa’afafine of Samoa and the whakawahine of Aotearoa/New Zealand. I compare and contrast the experiences of six fa’afafine and four whakawahine. I also examine the historical evidence for the existence of fa’afafine in Samoa and whakawahine in Aotearoa/New Zealand. The theoretical approaches underlying this research incorporate feminist, indigenous, and queer aspects but oral history is the primary theory and method used. As a fa’afafine who researched her own identity and whakawahine, the complexities of insider and outsider are explored. This thesis discusses how narrators understand and/or make meaning of western categories of identification such as gay, transgender, drag queen and/or transsexual. These categories are largely rejected; preference for the culturally specific terms fa’afafine (Samoan) and whakawahine (Maori) are demonstrated. Narrators take issue with western researchers’ focus on sexual aspects of fa’afafine and whakawahine. For them, gender role, specifically feminine dress, behaviour and activities more accurately characterise their identities. This thesis argues that fa’afafine and whakawahine are fluid identities. How one behaves as a woman varies, but narrators insist that fa’afafine and whakawahine are born not made that way, and ‘feel’ like women. The meaning of fa’afafine and whakawahine is not static; westernisation, colonization and the availability of gender reassignment treatment have all impacted on how each narrator defines her identity. By focusing on the experiences of fa’afafine, most of whom live outside of Samoa, and whakawahine this thesis adds to the body of knowledge about gender variation.</p>

A comparative study of the fa'afafine of Samoa and the whakawahine of Aotearoa/New Zealand

<p>This study explores the meaning of the fa’afafine of Samoa and the whakawahine of Aotearoa/New Zealand. I compare and contrast the experiences of six fa’afafine and four whakawahine. I also examine the historical evidence for the existence of fa’afafine in Samoa and whakawahine in Aotearoa/New Zealand. The theoretical approaches underlying this research incorporate feminist, indigenous, and queer aspects but oral history is the primary theory and method used. As a fa’afafine who researched her own identity and whakawahine, the complexities of insider and outsider are explored. This thesis discusses how narrators understand and/or make meaning of western categories of identification such as gay, transgender, drag queen and/or transsexual. These categories are largely rejected; preference for the culturally specific terms fa’afafine (Samoan) and whakawahine (Maori) are demonstrated. Narrators take issue with western researchers’ focus on sexual aspects of fa’afafine and whakawahine. For them, gender role, specifically feminine dress, behaviour and activities more accurately characterise their identities. This thesis argues that fa’afafine and whakawahine are fluid identities. How one behaves as a woman varies, but narrators insist that fa’afafine and whakawahine are born not made that way, and ‘feel’ like women. The meaning of fa’afafine and whakawahine is not static; westernisation, colonization and the availability of gender reassignment treatment have all impacted on how each narrator defines her identity. By focusing on the experiences of fa’afafine, most of whom live outside of Samoa, and whakawahine this thesis adds to the body of knowledge about gender variation.</p>

Congenital adrenal hyperplasia due to 11β-hydroxylase deficiency: late diagnosis and gender reassignment in a two-year-old child

11β-hydroxylase deficiency is a rare autosomal recessive disorder due to impaired steroidogenesis in the adrenal cortex caused by pathogenic mutations in the CYP11B1 gene. The main clinical manifestations are determined by a deficiency of cortisol, ACTH hyperproduction, excessive androgens secretion and the accumulation of 11-deoxycorticosterone, which leads to the development of arterial hypertension. In the diagnostic search, it is important to take into account the ethnicity of the patient, since the frequency of the disease and the prevalence of mutations differ between ethnic groups. The article presents a clinical case of 11β-hydroxylase deficiency as the result of compound heterozygous mutations in the CYP11B1 gene in a patient of Turkic origin. This case shows the clinical manifestations and the development of complications of 11β-hydroxylase deficiency, the stages of differential diagnosis of patients with 21-hydroxylase deficiency.

Legal aspects of gender identity in Ukraine

The issue of gender identity in the modern world is becoming increasingly relevant. The place of a person's right to recognise their gender identity in the Ukrainian legal plane is uncertain. The study considers the specific features of regulating the human right to recognise gender identity and gender reassignment in Ukraine. The authors of the study consider personal non-property rights of an individual as a specific concept, and somatic rights – as a generic concept, the main meaning of which is the ability to dispose of one's body. Accordingly, a person's right to recognition of their gender identity is a personal non-property right. In Ukraine, legal regulation of gender change is carried out, but certain regulations come into force only in the event of a legal fact of gender change, although their provisions regulate the direct implementation of such a right. However, gender identity is the third most common cause of discrimination. It is necessary for Ukrainian legislation to update the regulatory framework that governs the procedure for changing gender. It is worth paying attention to the correct use of terminology in these relations.

One hundred twelve cases of 46, XY DSD patients after initial gender assignment: a short-term survey of gender role and gender dysphoria

Background 46, XY disorders of sex development (46, XY DSD) are congenital disorders with 46, XY chromosomal karyotype but inconsistent gonadal/phenotypic sex. One of the biggest concerns for parents and clinicians is the gender assignment. However, there is no standard uniform of care nor consensus at present. We sought to evaluate the current treatment's rationality and provide a reference basis for the gender reassignment in 46, XY DSD patients with a specific diagnosis. Methods We conducted a cross-sectional survey of gender role with the Pre-school Activities Inventory (PSAI), the Children's Sex Role Inventory (CSRI) in 46, XY DSD patients and set up control groups comparison. Psychiatrist assessed gender dysphoria in patients ≥ 8-year-old with the criteria of diagnostic and statistical manual of mental disorders, 5th edition (DSM-5). Results A total of 112 responders of 136 patients participated in this study (82.4%, aged 2–17.8 years, median age: 4-year-old). The follow-up period was from 6 months to 10 years (median: 2 years). Twenty-five females were reassigned to the male gender after a specific diagnosis (16/25 (64%) in 5 alfa-reductase-2 deficiency (5α-RD2), 5/25 (20%) in partial androgen insensitivity syndrome (PAIS), 4/25 (16%) in NR5A1gene mutation). Male gender assignment increased from 55.3 (n = 62) to 77.7% (n = 87). The median PSAI score was similar to the control males in 5α-RD2, PAIS, and NR5A1 gene mutation groups (p > 0.05); while identical to the control females in complete androgen insensitivity syndrome (CAIS) and CYP17A1 gene mutation groups (p > 0.05). PSAI score of children raised as male was higher than those of CAIS and CYP17A1 groups raised as female (p < 0.05). CSRI scale showed no statistical differences in the consistency of gender roles and reassigned gender between 46, XY DSD patients and control groups (p > 0.05). None of the patients over 8-year-old (n = 44) had gender dysphoria. Conclusion The reassigned gender in 46, XY DSD patients is consistent with their gender role during early childhood. None of them had gender dysphoria. The molecular diagnosis, gonadal function, and the gender reassignment are congruent within our Chinese cohort. Long-term follow-up and more evaluation are still required.

Regression of Multiple Meningiomas after Discontinuation of Chronic Hormone Therapy: A Case Report

Introduction Meningiomas are more common in females and frequently express progesterone and estrogen receptors. Recent studies have revealed a high incidence of meningiomas in situations in which estrogen/progesterone levels are increased such as pregnancy, gender reassignment therapy, and fertility treatment. While the relationship remains unclear and controversial, these findings suggest exposure to high levels of endogenous or exogenous hormones may increase the risk of developing a meningioma. Patients and Methods A 40-year-old female with a history of endometriosis treated with chronic progesterone therapy presented with a visual deficit and was found to have multiple meningiomas, which regressed after cessation of exogenous progesterone. Conclusion A history of chronic hormone therapy should be included when evaluating patients diagnosed with meningiomas, particularly at a younger age and with multiple meningiomas. Cessation of exogenous progesterone resulting in regression of meningiomas suggests a direct action of progesterone on growth. Future studies are warranted to better elucidate this relationship.