Published: 2019-03-30

Changing gender in children as a challenge to law and society

Błażej Kmieciak

Abstract

Can the child change his/her gender? This question can cause a shock. Sex is very strongly associated with the development of the child. Can this development be impaired? Similar questions have become an essential element of the social and legal discussion which took place in Poland at the end of 2015. In mid-October a gender agreement act was enacted. This document – according to its authors – was supposed, in a comprehensive manner, to solve problems and difficulties experienced by transsexuals, including underage transsexuals.
The issue of sex change in children met with great interest. Proponents of the law pointed out that children should have the right to “manage their own identity.” Opponents of this document also cited in their opinions the idea of children’s rights. It was emphasized that “reconciliation of the sex of the child” is the action that violates his/her dignity.
The gender agreement act has not been passed into the system of Polish law. However, it has become an inspiration to pose two questions: Have there been new rights of the child in the last years? Can we – paradoxically – during the fight for rights of the child violate these rights?

Keywords:

Rights of the child, transsexualism, human dignity, medical law, gender identity

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Citation rules

Kmieciak, B. (2019). Changing gender in children as a challenge to law and society. Family Forum, 6, 155–176. Retrieved from https://czasopisma.uni.opole.pl/index.php/ff/article/view/663

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