El reconocimiento legal de la transexualidad en Chile mediante el procedimiento judicial de cambio de nombre: Un caso de complementariedad epistemológica entre medicina y derecho / Legal recognition of transsexuality in Chile through the judicial procedure for name change
Rev. méd. Chile
;
143(8): 1015-1019, ago. 2015. ilus
Article
in Spanish
| LILACS
| ID: lil-762667
ABSTRACT
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.
Full text:
Available
Index:
LILACS (Americas)
Main subject:
Transsexualism
/
Transgender Persons
/
Names
Type of study:
Qualitative research
Limits:
Female
/
Humans
/
Male
Country/Region as subject:
South America
/
Chile
Language:
Spanish
Journal:
Rev. méd. Chile
Journal subject:
Medicine
Year:
2015
Type:
Article
/
Project document
Affiliation country:
Chile
Institution/Affiliation country:
Universidad Austral de Chile/CL
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