Perez, King Anthony Y.
He, she and others: a comparative legal analysis of non-binary gender recognition laws and its applicability in the Philippines / King Anthony Y. Perez - Cebu City : University of Cebu, 2018. - xiii, 212 leaves : illustrations ;
Thesis (Degree of Juris Doctor)-- University of Cebu Banilad, 2018.
Includes references (leaves 168-179).
Summary: This study deals with the constitutionality and legality of recognizing non-binary gender. The purpose of this study is to allow every citizen to properly represent themselves by creating an option based on their sexual orientation and gender identity and expression (SOGIE) by amending the entry on sex in their birth certificates. Employing a qualitative research method, the researcher placed together and consolidated significant foreign laws and jurisprudence on legal gender recognition, which will form part of a proposed bill recognizing non-binary gender.
The researcher discovered that the 1987 Constitution does not explicitly prohibit non-binary gender recognition. The current trend in the international community is to uphold the right to legal gender recognition, as evidenced in the human rights instruments, soft instruments and decisions of different countries and international bodies. Several foreign countries with civil legal systems have enacted a legal gender recognition laws to afford protection among non-binary individuals, which may be similar or different in several aspects such as definitions, coverage and limitations, requirements, procedure, appeals, legal consequences, confidentiality, and conflict of laws provisions, and other miscellaneous provisions.
Through, amending present laws that will allow the change of entries in the civil registry based on SOGIE, including the granting of a gender marker option, Filipinos who belong to the non-binary classification may be able to fully exercise their right to represent their true identities. Lawmakers may adopt the proposed bill in non-binary gender recognition in the Philippines.
Keywords: Constitutional Law, Civil Registry Law, legal gender recognition, non-binary gender, equal protection, human rights, secular morality, qualitative, Philippines.
English
He, she and others: a comparative legal analysis of non-binary gender recognition laws and its applicability in the Philippines / King Anthony Y. Perez - Cebu City : University of Cebu, 2018. - xiii, 212 leaves : illustrations ;
Thesis (Degree of Juris Doctor)-- University of Cebu Banilad, 2018.
Includes references (leaves 168-179).
Summary: This study deals with the constitutionality and legality of recognizing non-binary gender. The purpose of this study is to allow every citizen to properly represent themselves by creating an option based on their sexual orientation and gender identity and expression (SOGIE) by amending the entry on sex in their birth certificates. Employing a qualitative research method, the researcher placed together and consolidated significant foreign laws and jurisprudence on legal gender recognition, which will form part of a proposed bill recognizing non-binary gender.
The researcher discovered that the 1987 Constitution does not explicitly prohibit non-binary gender recognition. The current trend in the international community is to uphold the right to legal gender recognition, as evidenced in the human rights instruments, soft instruments and decisions of different countries and international bodies. Several foreign countries with civil legal systems have enacted a legal gender recognition laws to afford protection among non-binary individuals, which may be similar or different in several aspects such as definitions, coverage and limitations, requirements, procedure, appeals, legal consequences, confidentiality, and conflict of laws provisions, and other miscellaneous provisions.
Through, amending present laws that will allow the change of entries in the civil registry based on SOGIE, including the granting of a gender marker option, Filipinos who belong to the non-binary classification may be able to fully exercise their right to represent their true identities. Lawmakers may adopt the proposed bill in non-binary gender recognition in the Philippines.
Keywords: Constitutional Law, Civil Registry Law, legal gender recognition, non-binary gender, equal protection, human rights, secular morality, qualitative, Philippines.
English