vendredi 1 janvier 2016

A "neutral gender" recognized by the courts for the first time in France

La justice a ordonné à l'état civil de la mairie de Tours de modifier l'acte de naissance d'une personne intersexuée mais enregistrée comme étant de sexe masculin pour y appposer la mention "sexe neutre", dans un jugement rendu le 20 août 2015
Neither male nor female, but "neutral gender". For the first time in France, a person born without genitalia obtained full justice to change their civil status, but this decision is challenged on appeal.
The person, heretofore considered a man, received on August 20 the judge for family affairs of Tours a change in marital status are to be marked "gender neutral", told AFP the vice prosecutor Tours, Joel Patard, confirming a report in newspaper 20 Minutes.
According to his lawyer, Mila Petkova, the applicant, aged 64, wished to remain anonymous. He lives in the east of France, is married and has adopted a child. His application was filed in Tours, because it is his hometown.
Born, according to his doctor, with a "rudimentary vagina" and a "micropenis" but no testicles, he suffers? Have been in the male box from birth, says 20 Minutes. "As a teenager, I? Ve realized I n? Was not a boy. I don? Had no beard, my muscles are not strengthened," he told the newspaper. "Today, I finally feel accepted by society as I am."
The Deputy Prosecutor explained that the applicant had submitted late June to demand justice for the modification of civil status.
"He would not see mentioned so determined membership in the male category the parts he provided does not allow storing it as easily and unequivocally in the other legal category. It only knows two, male or female, "he told Mr. Patard.
- 'Mutilating operations' -
Mr. Patard said it had appealed to the Court of Appeal of Orleans who will conduct a new review of the application at a date not yet known.
"I did not mind frenzied opposition by calling (...) but also just to know the position of another level of jurisdiction and insofar as where all is understandable that such a request comes when even hitting the legislative and regulatory corpus such as is currently available, and as applied, "he has said.
"We're not in the role of the legislator to create the law where it does not yet exist or to change the points that already exist," he has observed.
Mr. Patard, who met with the applicant, acknowledged that the person was suffering. "It falls minority situations but which nevertheless exist and with which people have adapted nilly during significant periods" of their lives, he said.
If 20 Minutes says that the decision of the court Tours is a first in Europe, Mr Patard is more cautious, saying it simply does not seem to be any precedent in French law.
"I ventured to try to see what could be earlier decisions that have been handed down on the matter, I found very little, if not at all," he said.
In 20 minutes, the applicant said that his doctors made him take testosterone when he was 35 years old. "My look is masculinized. It was a shock. I did not recognize myself. It made me realize that I was neither male nor female," he reflects, before denouncing "operations mutilating "now inflicted with intersex babies.

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