viernes, 28 de enero de 2011

Una buena y una mala: noticias LGBT

La Mala: EL Consejo Constitucional francés declara conforme con la Constitución la exclusión de las parejas homosexuales para contraer matrimonio: es facultad del legislador.

(Nota de Reuters) - France's ban on same-sex marriages was upheld by the country's constitutional authority on Friday, in a ruling that relieves the government of any obligation to grant gays the wedding rights enjoyed by heterosexuals.
A handful of countries in Europe allow couples of the same sex to wed and rights campaigners had hoped for a breakthrough in France, where two women living together had demanded the view of the Constitutional Council.
The Constitutional Council said it found no conflict between the law as it stands and fundamental rights enshrined by the constitution.
It was up to parliament to decide whether the law should change, rather than constitutional authorities, said the ruling.
The two women live with four children, three of them conceived via artificial insemination.
An opinion poll published as the verdict emerged on Friday suggested views had changed radically in the past five years and that a majority of French people now accept the idea of same-sex marriage.
The results of the survey by TNS Sofres showed 51 percent of respondents in favour of gay marriage and 35 percent against. In 2006, the agency reported 51 percent opposition and 45 percent support.
France has allowed civil unions between people of the same sex since 1999 but that accords fewer rights than marriage proper.
Two men married briefly in 2004 but the oath was annulled by a court and the mayor of the town who had presided over the wedding was suspended, in a case that fuelled wider debate.
Same-sex marriage is permitted in Belgium, the Netherlands, Norway, Sweden and Spain, according to the Council of Europe.
It is also permitted in South Africa, Argentina, Canada and in some U.S. states.
(Reporting by Brian Love, Emile Picy and Patrick Vignal; editing by Andrew Roche)

La Buena: El Tribunal Constitucional alemán pone fin a la operación de cambio de sexo obligatoria para transexuales. Declara inconstitucional la normativa vigente que ordena que una persona transexual puede unirse con su pareja sólo si se ha realizado una operación de cambio de sexo y es infértil, "es contraria al dcho a la identidad sexual y a la integridad corporal." La sentencia de Karlsruhe llama al Bundestag para que emita una nueva regulación en materia de uniones civiles para transexuales.
Nota de TGEU
The German Constitutional Court has announced in a press release [1] today that the requirement to undergo sterilization or gender reconstruction surgery is not constitutional. The plaintiff, a 62 year old transsexual woman, had acquired the so-called “small solution” with a name change, but not altered the civil status due to the requirement to undergo sterilization surgery. With a still “male” civil status she and her female partner had been denied the right to enter a registered same-sex partnership. If forced to marry, so plaintiff, they are recognizable as a partnership with at least one transsexual spouse – a live free from discrimination made impossible.
The First Division of the Federal Constitutional Court has ruled that the standardized conditions for legal gender recognition of transsexuals to enter into a partnership are not compatible with the right to sexual self-determination, physical integrity and privacy.
"A reform of the German Gender Recognition Act (Transsexuellengesetz) is more than overdue." says Max Schulze board member of the Berlin-based organization TransInterQueer, " we demand from the Federal Government and the Parliament to show quick and consistent action now."

TGEU welcomes the decision by the German Constitutional Court. A majority of countries in Europe have similar requirements violating the human rights of transgender people. The Council of Europe has already indicated that this is a matter of concern. Thus, the Committee of Ministers had stated that ‘prior requirements, including changes of a physical nature, for legal recognition of a gender reassignment, should be regularly reviewed in order to remove abusive requirements.’[2] In line with previous decisions from the German Constitutional Court on the German Transsexual Law and in combination with similar verdicts of the Austrian High Administrative Court TGEU is positive that this will send a strong signal to other countries to review their gender recognition legislation.

“The margin of appreciation for requirements for gender recognition, as granted by the European Court of Human Rights, has its limits. The decision of the German court states clearly that human rights of transgender persons are jeopardized with a legal requirement for sterility or compulsory sex reassignment surgery, still practiced in many countries in Europe. When the Committee of Ministers recommendation will be up for review in two years, we want to see Germany and many other countries to have their legislation in line with international human rights law.” says Richard Köhler, co-chair of Transgender Europe.

**Mientras, en la Corte Constitucional de Colombia avanza el tema, seguimos en espera de noticias...

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