Hong Cheng Chang, In the Eyes of the Law, “Who am I?”:
Proposal for A Comprehensive Gender Recognition Legislation in Taiwan, 14 (5) Taiwan Bar Journal 57 (2010)
In the Eyes of the Law, “Who am I?”:
Proposal for A Comprehensive Gender Recognition Legislation in Taiwan
Maurice Hong-Cheng Chang
Law is an art of category; it creates legal institutions to differentiate and distinguish human beings by sex, race, color, age, nationality, sexual orientation, gender identity etc. In this article, the author discusses the constitutionality of the current practice on the gender recognition of transsexuals in Taiwan. Transsexuals in Taiwan are required by the Administration to have “partial” sex reassignment surgery before they can apply for a gender recognition certificate. However, such requirement is lacking in proper legislations. Based on the constitutional principle of human dignity and self-determination and the gender recognition legislations of Japan, England and Spain, the author suggests that the fundamental rights of transsexuals be guaranteed under Taiwan’s Constitution, and the legislation relating to change of gender be proposed, with two and only two requirements: medical reports and age. One should be allowed to apply for a gender recognition certificate if one’s age is sixteen (the age of consent in Taiwan) or above, and if one is medically proved to have gender dysphoria. Any sex reassignment surgery should no longer be required.
Keyword: gender, transsexual, transgender, human dignity, gender self-determination, gender recognition, gender dysphoria, sex reassignment surgery, gender identity disorder