Twisting the knife: discrimination in the law

Gurney, Karen 2004, Twisting the knife: discrimination in the law, Deakin law review, vol. 9, no. 2, pp. 339-363.

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Title Twisting the knife: discrimination in the law
Author(s) Gurney, Karen
Journal name Deakin law review
Volume number 9
Issue number 2
Start page 339
End page 363
Publisher School of Law, Deakin University
Place of publication Geelong, Vic
Publication date 2004
ISSN 1321-3660
Summary Of the many different variations that can occur in human sexual formation, transsexualism no doubt remains the least understood by the wider Australian community. As a consequence, the process of attaining human rights to legal status, privacy, dignity and freedom from discrimination for those who experience this unusual condition has been a slow and sometimes frustrating one. The article seeks to introduce the reader to some of the more recent developments in the international jurisprudence of transsexualism and the underlying medical evidence that has supported them. It also offers criticism of the belated attempt by the State of Victoria,  with the Births, Deaths & Marriages Registration (Amendment) Act 2004, to establish certain statutory rights in this regard. While the legislation was enacted with the stated and very laudable purpose of providing for the  correction of birth records on the Register of Births of those people with transsexualism who have altered their phenotypic sex by hormonal  medication and surgery, the article argues it has also served to remove other equally important rights already won and proposes that a final remedy will only be found, as on previous occasions, in the courts.
Language eng
Field of Research 180199 Law not elsewhere classified
HERDC Research category C1 Refereed article in a scholarly journal
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Document type: Journal Article
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