Gender identity as a right: A study on the legalization of sex change in the birth certificates of the transsexual Filipinos by reason of sexual reassignment surgery and its potential legal effects

• Main Authors: Sarmiento, Erika C., Tan, Trishia C.
• Format: text
• Language: English
• Published: Animo Repository 2014
• Subjects: Gender transition > Law and legislation; Gender identity; Sexual orientation; Commercial Law
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/11349
• Institution: De La Salle University

Sexual orientation and gender identity continues to be one of the most controversial issues that society faces today. The lesbians, gays, bisexual and transsexuals 9LGBT) are the constant targets of prejudice and discrimination due to the fact that they somehow disrupt the status quo as regards to the relationships they form. As time passes, the homosexuals and bisexuals are starting to be recognized and accepted by society, but the same is not true regarding the transsexuals. The Society of Transgendered Women of the Philippines (STRAP) claims that gender identify is a right. And they believe that the only way that they can preserve their right is by legalizing the same. This study addresses the issue of whether or not the transsexual-identified Filipino citizens are being deprived of their rights to liberty and equal protection of the laws under Article 3, Section 1 of the 1987 Constitution. This study critiques the case of Silverio v. Republic, 537 SCRA 373 (2007) and raises the question that by not allowing the transsexual-identified Filipino citizens to change their first names by reason of undergoing Sex Reassignment Surgery in their corresponding birth certificates, they are being deprived of liberty to exercise their freedom of choice.