RIGHTS AND OBLIGATIONS OF THE INDIVIDUAL WHEN CHANGINGTHE SEXUAL AFFILIATIONS

Abstract

In recent decades, a growing number of somatic human rights have become universally recognized. In this area, international cooperation is constantly expanding, national legislation and practice are increasingly expanding, they take into account new trends in public life. Despite the fact that the change of sex has not been as widespread as, for example, transplantation of human organs and tissues, it is carried out in many countries. The change of sex leads to a change in the identification of a person. Belarusian legislation provides for the possibility of change of sex. The current legislation obliges to respect the privacy of persons who have undergone gender change operations. The right to respect for private and family life is one of the most important universally recognized human rights, the protection of which is provided for by most international instruments and national laws. In a democratic society, an individual has the
right to daily life without supervision or control over his activities by the state. There are a number of rights and duties that can be
controversial when the gender is changed, for example, military service, the right to occupy certain positions or to retire from a certain age, etc. The practice of the European Court of Human Rights develops in such a way that the Court recognizes the social rights that a person of the corresponding gender possesses; if a man has changed the sex and became a woman, then after the sex change this person has the rights that a woman possesses (for example, earlier retirement). The change in gender should influence the limits of legal responsibility, for example, criminal (the death penalty, as it is known, can not be applied to women), the exercise of labor rights, etc.

Ref.: 17 titles.