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Court rejected change of gender for transexuals

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The highest court of constitutional rights in Peru, the Tribunal Constitucional (TC) rejected this week a lawsuit introduced for a transexual citizen who claimed the legal gender status will be change in his identification national document (DNI) after having a sex change surgery.

This public institution argued that even a change of sex, the biological is not prevail over the psychological factors and the new legal gender status could be use later to marry with persons of the same sex, issue which should be discuss before for “the people and the congressmen as their representatives”.

“Even a biological change is not guaranteed the individuals being totally female because the predominant chromosomes are still male”, argued the TC, who rejected the lawsuit introduce for the citizen P.E.M.M against the national office of identity and civil status (RENIEC), after six years to start the demand in the Judiciary Branch.

This case happened in moments when in Peru is an important issue of debate a bill introduced in the National Congress the last April which request the Civil Union between persons of the same sex, so they will receive the same treatment and have the same rights as a first-degree relative.

That is, they can visit their partners when they are admitted to a hospital or a prison; they make decisions for starting emergency surgical treatments; receive food from his colleagues and acquire Peruvian nationality, if they are foreigners, after having celebrated two years of civil union and also notes that if one of the signatories of the civil partnership dies, the other will inherit this property or assets acquired or both.

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