Return to the list of the questions1. Are the transsexuals frustrated homosexuals?
2. What is the difference between a transsexual and a transvestite?
3. Is it possible to be at a time transsexual and homosexual?
4. Is the transsexuality an illness?
5. Do the transsexuals completely feel man or woman?
6. One does speak of iatrogenicity, do you believe there?
7. Does the number of demands of transsexuals increase after a broadcast?
8. What is the rate of suicide at the transsexuals?
9. What is a primary - secondary transsexual?
10. Can the transsexuality be treated?
11. Who to consult in case of transsexualism?
12. Am I responsible for my child's transsexuality?
13. What help can I bring to my child?
14. I want that my child remains such that he is born, what to do?
15. Is there a risk for our child who is transsexual to prostitute?
16. Are the operations responsibilities by the French National Health Service?
17. Are the operations irreversible?
18. How long is the hormonal treatment?
19. Can the transsexuals get married after the civil status change?
20. Where to address for the civil status change?
21. Are there the courts that refuse?
22. What are the necessary surgical operations for the civil status change?
23. Does the civil status change take a lot of time?
24. Is it necessary to have a lawyer? How much does that cost?
25. Can one change first name before the modification of the mention of the sex?
26. Is there famous transsexuals?
27. Did the transsexualism exist to all times?
28. Who are the pioneers concerning follow-up of the TS?
29. Is there in France a law concerning the transsexuals?
30. Why does France have summer condemned by the European Court of the Human Rights?
31. Are the transsexuals victims of discriminations, of inequalities, of injustices?
32. One can be dismissed because of transsexualism?
No, the transsexuals are not frustrated homosexuals. Homosexuality implies an attraction for the individuals of the same sex whereas the transsexuality is a matter of gender identity. A transsexual person, for example a MTF (man becoming woman) can have as well for partner a man, that a woman.
Return to the list of the questions
A transvestite is a person who feels the need to dress with the clothes of the sex opposed without calling on bodily modifications. A transsexual person has the necessity to live in the claimed identity, what implies a hormonotherapy and the surgical interventions most of the time. For this last, the modification of the civil status is also indispensable to the social insertion.
Return to the list of the questions
A transsexual person can be homosexual, as she can be heterosexual or bisexual. The sexual attraction is not bound to the fact that the person is transsexual or no. The transsexuality is a matter of gender identity, the homosexuality of the sexual attraction.
Return to the list of the questions
There is again a short time, the transsexuality was assimilated to homosexuality, itself a long time considered like a perversion or disconcerted with transvestitism. Yet the transsexualism fundamentally differentiates itself of it. The transsexual's gait stands as regards to the gender identity (that is to say the feeling to belong to a given sex) to know that it claims the identity contrary to his/her anatomical sex. When to the homosexual and to the transvestite, their anatomy is in harmony with their identity. In summary, the transsexuality is not a shape of sexuality.
For the subcommittee of the human rights of the UNO, the transsexuals are part of the sexual minorities all as the homosexuals. The transsexuality is classified currently by the WHO among the mental illnesses under the n°305-2 in the category" deviations and sexual messes ". It is considered therefore like a" illness ". If the transsexuals admit this nomenclature, that nothing justifies, it is in order to reach the necessary medical treatments. Of all theories proposed on the no topic appears until this satisfactory enough day to explain what stays an enigma. Psychological, genetic, hormonal problem, the question remains calm.
Across the Atlantic, some physicians, jurists and activists discern the transsexualism like an inherent state to the person, and call to a de-medicalization of the problem, whereas Europe, it is discerned like a syndrome being a matter for this fact of a surgical treatment.
In definitive, can one speak of illness? No anomaly has been noted to the chromosomal, gonadic or hormonal level. Although recent research brought a new look on the question. A mental illness? Some theories developed by psychoanalysts presented the transsexuals as perverse, of the psychotics or the raving, but have been swept quickly before their scientific required lack. Besides, the transsexual people have a social, professional life and of the intellectual activities like everybody else.
What is certain that is that the transsexual lives the discordance of which he/she is victim like a real physical handicap.
Return to the list of the questions
One can presume that it is the case, however it depends on the operative stage, of the quality of the surgical interventions, of the obtaining of the papers of civil status as well as the person's general aspect. For example: some transsexuals claim themselves fully-fledged woman and this same before the operations, others consider that they will never be completely women. It is a personal question. In a more philosophical context, all one each is constructed biologically and socially of masculine and feminine parts. The differentiation of the sexes would not know how to overlook the elements of the opposite sex entirely that we carry all in us.
Return to the list of the questions
Medicine and the solutions that it brings didn't create the transsexualism. One recovers in the history of the characters that rejected their biologic sex whereas medicine could not bring any answers there. As it seems difficult to believe in this perception. The problematic transsexual seems to rest on other elements that, certainly, are again very dark. Nevertheless the specialists of many countries evoke more the hormonal factors, or even genetic conjugated to psychological factors.
Return to the list of the questions
Yes, because of the difficulty for people concerned to find information and of the fact also that the most important media proves to be the television. However one can only say the demand increases, one can speak of a demand that so is canalized. Besides, number of people is in an uneasiness without putting a name on their problem, the television brings them this knowledge and the hope of a solution.
Return to the list of the questions
We don't possess any statistics for France. However we could note through our work - and confirmed by several studies - that the number of suicides decreases after the surgical interventions. It appears that the number of suicides is raised more at the people who didn't undertake a gait notyet, that this fact is bound to the conditions of acceptance in the family, to work, and in the relations with the medical profession. One will also note that some people jeopardized their life following civil status change refusal.
Return to the list of the questions
By primary or secondary, the French medical profession instituted the limits of the taking over for transsexualism, the primaries being considered as them "true" and the secondary as them "false". If the person is married, has some children, has a certain age, she will be considered like being transsexual secondary; what there is again a short time implied a refusal of the medical profession for a transformation. If the use of these categories softened with time, these don't remain less prominent to some. Good number of transsexuals worries about to be in the bad column. The difference between the two is bound to lived it of the individual when it takes contact with the medical profession. These two distinct categories are in use less and less in the foreign countries. It remains a very restraining French habit, and without any scientific foundation
Return to the list of the questions
Although the transsexuality is not an illness, numerous experiences have been tempted: shock treatment, lobotomies, treatments which give male characteristics for the transsexuals to feminine vocation, psychiatric internments, treatments in all kind. Nothing avails, of the least until now.
Finally the only answer that is not a torture remains the transformation.
Return to the list of the questions
In a first time, we counsel to contact an association. The fact to be alone, makes the transition more difficult. The associations can explain you what are the steps to undertake.
Return to the list of the questions
The parents are not by no means responsible and don't especially must fell guilty even though some theories incriminate them. Let's recall that in the case of the autism, the mother has been accused a long time of being responsible for her child's handicap. This theory has been refuted following recent scientific discoveries.
Return to the list of the questions
To remain near, to reject it is not the attitudes that bring the biggest support. You can help it in his steps, without trying to influence it in any way.
Return to the list of the questions
To want that your child remains such that he is born would come back to fight against his nature. All therapies, that can be proposed, fail and can strongly disrupt it. It is rather counselled to take contact with an association or a professional to debate some.
Return to the list of the questions
When the person is isolated (dismissal by the family, loss of an employment) a process of marginalization can engage itself what could drive to prostitution. A domestic support remains the best prevention.
Return to the list of the questions
Following agreements between the French National Health Service, the French Medical Association and the hospitable environment, the transsexual people can be taken in charge for their operations. On the other hand, they cannot generally choose the surgeon and the operative technique.
Return to the list of the questions
The surgical interventions as mastectomy, hysterectomy, vaginoplasty and phalloplasty are not reversible (non exhaustive list).
There is not possible therefore back at the previous state.
Return to the list of the questions
The hormonal treatment is to take to life. After the genital surgical operations, the people who would stop these treatments expose themselves to some risks (ex: osteoporosis, cerebral degeneration) and of the annoyances (hot flushes). The hormones are necessary to the good working of the organism.
Return to the list of the questions
Once the gotten civil status change, the transsexual can get married with a person of the opposite sex. Nevertheless the debate remained of actuality, some jurists wonder "Is it necessary to deprive the transsexuals of the right to get married?" (J. Hauser, RTD civ., 1993, n°2, p.325). Others retort that to refuse them this right " would be little a position livable, it be jeopardize a fundamental liberty" so much (Mr. Gobert, established report for the genetic symposium, procreation and right, January 18-19, 1983, Actes Sud, ed. Hubert Nyssen, p. 176). Genetically talking, in spite of the undergone operations, the transsexual doesn't change a chromosomal sex. Of this fact, of real change of sex doesn't have for some authors what brings them to take position against the right to the marriage. There were cases of parents that made call by the Courts to oppose their child's marriage with a transsexual person, the procedures didn't succeed.
Return to the list of the questions
To conduct a demand of civil status change, it is necessary in a first time to call on a lawyer. This one will deposit an assignment or a request by the county court of the domicile or the birth place.
Return to the list of the questions
Some courts reject the demands of TS people to the example of the one of Aix-en-Provence. It also depends on the nature of the dossier, of the number of the pieces presented and of their quality (medical certificates).
Return to the list of the questions
For a MTF person, it is necessary to have done a vaginoplasty; for the FTM, the mastectomy and the hysterectomy are required. The essential condition to reach the civil status change is the barrenness.
Return to the list of the questions
It is variable and depends on the courts. Some are overloaded, others ask for the appraisals that prolong the procedure. One can estimate that the length is generally located between 12 and 24 months.
Return to the list of the questions
Yes, a lawyer is necessary. It is he that will plead before the magistrates. A lawyer's fees varies between 800 and 2,000 $ (without V.A.T.).
Return to the list of the questions
It is possible to change first name while making a demand by the Judge of the Domestic Business. Nevertheless, the choice of the first name is generally restricted to the few mixed first names. Dominique, Stéphane, Claude, Camille are the most current. Some people manage to get the wished first name (non mixed).
Return to the list of the questions
Christine Jorgensen is incontestably the first known transsexual. Her surgical operation, done in 1952 in Denmark, and revealed unknowingly by a newspaper general public, the Daily News, propelled her well on the front of the stage in spite of her.
In France, one will think in first about Coccinelle (Ladybird) that in the sixties made big noise while getting married at the church. She was a celebrity as top billing in the "Carroussel", famous Parisian cabaret, she was also revue leader in the Lido, in the Olympia and comedienne to the movies. She published in 1987 a book titled "Ladybird."
Then one will think of Maud Marin that in the years 80 denounced the conditions of existence of the prostitutes. Herself prostitute, she will publish a book that remains in the memorials" The Jump of the Angel ". She will meet numerous difficulties in her lawyer's career, being crossed out of the bar then restored .
To the international level, Renée Richards celebrate player of tennis, was the heroine of an autobiographic movie titled "The Choice."
One will also think about Carolyn Cossey, ex-James Bond showgirl to the side of Roger Moore, actress and British top-model who fought to be able to get married and didn't get victory before the European Court of the Human Rights. More lately, Bibi Andersen, one of the actresses fetish of Pedro Almodovar. And of course whu didn't hear to speak of Dana International, last transsexual icon, singer who won the price of the Eurovision May 9, 1998 while representing Israel.
Return to the list of the questions
Yes but the surgical and hormonal solutions not existing until the beginning of the XXth century, transvestitism was the only alternative.
Return to the list of the questions
One will be able to mention Magnus Hirshfeld, a physician German sex therapist, as the pioneer having worked on these questions without a priori. Then one will name Harry Benjamin who wrote the first book intended to the general public on the question, " The Transsexual Phenomenon " in 1966. Nowadays, the Pr. Louis Gooren, makes reference. He is the first physician to get an academic chair of transsexualism.
Return to the list of the questions
Senator Caillavet had presented two propositions of law in 1981 and in 1982 that were all two rejected. The French Medical Association wrote in the Code of Deontology a particular article concerning the transsexual question, the article 41, that indicates the modes of medical taking over. The Code of the French National Health Service also established a protocol for its taking over. The medical profession saw itself preventing to do numerous operations (not only in the setting of the transsexuals) because of the Code Napoleon, who forbids the castration. In 1989, in the setting of the draft of law on the sciences of life and the human rights, Guy Braibant was the reporter on the transsexualism. For fear to an inflationary effect of demands of sex change, by the setting up of a legislation, he prefers to bestow all power to the medical profession.
On this day, there always is not a law in France. The question remains actuality however: is it necessary that a law is voted? Currently, the civil status change is a procedure solely based on the jurisprudence and some courts continue to reject the demands. It would be desirable that a law is elaborated of concert with the concerned persons. A lot of transsexuals fear the setting up of a restraining and abusive law indeed.
Return to the list of the questions
NB, transsexual man/women, is 32 years old when she begins her hormonotherapy, and makes herself operate to 37 years in Morocco. In 1978, she deposits an assignment in the County court to get the rectification of her first names and the mention of the sex on her birth certificate. She is nonsuited after one year and half of waiting. Some years later, the Appeal Court call of Bordeaux confirms the judgment on the basis of"... even after the hormonal treatment and the surgical intervention to which he had submitted, NB continued to present the features of a "masculine sex topic and that" his present state was not the preexisting element result to the operation and a surgical intervention ordered by therapeutic necessities but raised a will deliberated of the topic ". In 1987, NB provides herself in invalidation that rejects the demand of civil status change because it would not result from the existence of the concerned person's reason foreign to the will. Besides in 1990, the notion of unchangeable genetic sex goes back in consideration: the transsexualism, even when it is recognized medically, cannot be analyzed in a real change of sex, the transsexual although having lost some characters of his/her sex of origin, not having for acquired those of the opposite sex as much... For the Supreme court of appeals, the psychosocial sex doesn't exist. To this time, the operated transsexuals, taking hormones, leading a life in conformity with their identity of kind cannot get their civil status change and must be content with a first name change.
After the exam of her request, the European Commission keeps her demand while referring to the articles 3 and 8 of the Convention. March 25, 1992, France is condemned by the European Court of the Human Rights for non respect to the right to the private life - Article 8. It makes fourteen years that NB tries to get her civil status change!
Return to the list of the questions
The discriminations and injustices are not the appendage of the transsexuals, however it is necessary to note that this fragile population is greatly victim of the ignorance and prejudices. In 1989, the European Parliament votes a resolution" on the discriminations of which are victims the transsexuals ". The parliamentary assembly of the Council of Europe takes a relative recommendation 1117 to the condition of the transsexuals.
The associative environment notes that a number important of transsexual people is victim of employers who exploits their difficulty to find a work. Although aware, the employer doesn't hesitate to dismiss the person abusively when it begins to change physically.
The aggressions in the street are commonplace, that one can note alas only.
The obtaining of temporary papers of civil status would avoid the problems bound to the documents of civil status no in conformity with the appearance. This is how a card of National Health Service with a temporary number would allow the transsexual to find a work without must unveil an aspect of his/her private life. A National Card Identity all as temporary would permit to be going to take an advisable at the post office, to pass a border without fearing potential problems, etc. the list is long... All these inequalities make that the transsexuals are not be citizens as the other, for example they cannot exercise their safe right to vote to accept to hear the Mayor to express their identity of birth in high way.
The injustice is the most violent feeling lived by the transsexuals. Injustice to be born in the bad body, injustice to be often misunderstood, injustice not to be helped towards the medical level and the administrative level. The slowness and the cost of the civil change of state, the financing of the surgical interventions and the medical appraisals, the difficulty to find a lodging with non compliant papers... All these heaps provoke a feeling legitimate of injustice, of a marginalization provoked by these inequalities.
Return to the list of the questions
In 1979, Senator Caillavet challenged the attorney General on the discriminations whose transsexuals are victims"... All enrollment becomes impossible for transsexuals since the instant that they present their card of social security or their number of national identification or that they undergo the authorized medical exams ". To the level of the French legislation, two articles of the Criminal code can be used to protect them, the article 416-1 as well as L. 122-45 that" forbid all layoff because of the customs, of the salaried employee's sex ". They must fight of all part and must not often know their rights. The access and the maintenance to the use are especially precarious for the transsexuals at the time of the phase of transformation, as the exemplary case confirms it below.
In 1996, the Court of Justice has been interrogated by a Judge National, following the deposit of complaint of a British transsexual by the court of work. This one had been recruited as administrator by a Professional teaching establishment and had informed, one year earlier, the director of her transsexual gait. Contrary to the attitude tolerant of this last, the Council of administration decided to dismiss her. She presents a recourse then by the Court of work putting forward that it was about sexual discrimination.
The Court of Justice applied the guideline 76/207 on the equality of treatment between men and women in a large sense. The interdiction of all sexual discrimination included this fact the transsexuals even though it didn't aim them expressly. Noting that this guideline was only the reflection of the equality principle, that is one of the principles fundamental of the human person, the Court estimated that a transsexual's layoff for motives solely bound to his/her change of sex was contrary to the guideline.
Return to the list of the questions
Back to Main
|
|
||
| Last update: |
Page maintained by Charlène | © 1997-2001 CARITIG |