Gender identity:

incorporation of International Human Rights Law into national judgments

Abstract

The comment seeks to highlight the application of international human rights law in the reasoning of the sentencing, in a case that, through appeals, invalidates the ruling that rejected the request for change of name and sex registration because there was no surgical intervention of gender reassignment of the applicant. Specifically, it analyzes the way in which the Supreme Court takes charge of a legal vacuum, realizing that the lack of internal regulations does not constitute a possibility of excuse on the part of the judges of the instance to not take charge of a social reality such as it is the need of trans people to be recognized in their legal records according to the name and gender with which they are identified, without requiring interventions in their bodies.