Beyond sexual binaries? the German Federal Constitutional Court and the rights of intersex people
Date
2018
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
North-West University, Faculty of Law
Abstract
In a recent judgment, the German Federal Constitutional Court held that it was unconstitutional to require every person's sex to be entered on the birth register, without providing for a third option for intersex persons. This article examines the intersex judgment in view of the Court's earlier jurisprudence on the rights of trans persons. It argues that this judgment was enabled, to a significant extent, by the fluid understanding of sex and gender identity shown in those judgments, and by the elaboration in those cases of the relationship between sexual freedom, human dignity and equality. It also comments on the possible relevance of the intersex judgment for South Africa, in view of some of the parallels and differences between German and South African constitutional jurisprudence.
Description
CITATION: Botha, H. 2018. Beyond sexual binaries? the German Federal Constitutional Court and the rights of intersex people. Potchefstroom Electronic Law Journal, 21:1-26, doi:10.17159/1727-3781/2018/v21i0a4747.
The original publication is available at https://journals.assaf.org.za/index.php/per
The original publication is available at https://journals.assaf.org.za/index.php/per
Keywords
German Federal Constitutional Court (Bundesverfassungsgericht - BVerfG), South Africa -- Constitutional Court, Intersex people -- Identity, Gender identity -- Law and legislation -- South Africa, Gender identity -- Law and legislation -- Germany
Citation
Botha, H. 2018. Beyond sexual binaries? the German Federal Constitutional Court and the rights of intersex people. Potchefstroom Electronic Law Journal, 21:1-26, doi:10.17159/1727-3781/2018/v21i0a4747