Constitutional and Case Law Developments on Gender Identity
Constitutional and Case Law Developments on Gender Identity

Summary/Abstract: The article approaches some sensible issues for Romanian society, such as the distinction between sex and gender, recognition of gender reassignment, and adequate regulation and protection for same-sex couples, analysing constitutional and legal provisions and case law of the Constitutional Court and the European Court of Human Rights concerning Romania. Following ECtHR decisions in Buhuceanu and X and Y, the Romanian state faces new challenges regarding the respect for private and family life, considering the originalist theory embraced by constitutional justice when dealing with the conclusion of a marriage.

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