jurisprudence - meaning that judges have
full power on this decision. Judges often
badly informed or even completely
ignorant, going as far as demanding
physical examination of genital organs of
the requester, a specific medical treatment
(a specific operation, an hormonal
treatment or a psychological follow-up) or
even sterilisation.
FRANCE IS AN OUT-LAW
The right for civil state change is
guaranteed by the European Commission
of Human Rights since 1992. Despite
recommandations from the French Equal
Opportunities and Anti-Discrimination
Commission (HALDE in French), from the
UN (France having signed an international
agreement where it stated its intention of
fighting against discriminations suffered
by LGBT+ people), from the European
Commission of Human Rights, despite all
this little lot knocking at its door and
underlining the fact that France is violating
its own rights, nothing. A juridical void.
It was condemned on multiple occasions
for its non-respect of the right to fair trial,
of the right to privacy and family life, of the
prohibition of discrimination and torture.
It’s starting to weight heavy - 25 years of
international condamnations.
PROJECT “JUSTICE IN THE 21ST
CENTURY” : ADOPTED ON THE 13TH
OF OCTOBER 2016
The project “Justice in the 21st
century” is a project to modify laws. The
subject of civil state change was thus dug
8
up, which explains why it is finally spoken
about after 25 years of silence. After a first
reading at the National Assembly, it was
sent to the Senate. The National Assembly
finally adopted it on the 12th of October
2016, quoting :
Art.61-5 “Any major or emancipated
person who demonstrates sufficient facts
stating that the mention relative to their sex
in the civil state acts do not correspond to
the one under which they present
themselves and under which they are
known can obtain its modification.”
Here are a few points:
- demand of a “physical appearance
bringing the person close to the other
sex” “of which corresponds his social
conduct” “which was medically stated”
- the fact of not having gone through an
operation of one’s genital organs or of
sterilisation can not motivate a refusal of
the demand (as judges were too
subjective)
- it’s not spoken of a “syndrome of
t r a n s s e x u a l i s m ” a n y m o re ( w h i c h
disappeared of all psychiatric reference
books since 2010 and which has thus
been de-medicalised internationally
seven years ago)
- there is no need for medical
attestations’.
- it is thus not based on auto-
determination
- there is still no free access to the
change, and it still has a cost
- if the person has kids, their wrong
gender will be noted in the birth
certificate
- the intangibility of the civil state is