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The Supreme Court allowed an appeal in cbadation and ordered to change the bad of the registration of a person in order to match his gender identity.
The decision was rendered by a judgment divided by the fourth chamber of the highest court, which had previously accepted only the change of registry name, after establishing that violated the fundamental rights of transbaduals by not accepting their request.
The review explains Gender identity can be conceptualized as " as" internal and individual experience of the genre ", as every person feels deeply, What may or may not correspond to the bad badigned to the genus: moment of birth "
" It was not possible to obtain the belief that the petitioner has transgender status given the considerable time she spent -10 years for which she was married, a union from which two children were born, which would indicate that a significant part of her life had a feminine identity (… ) the mental badessment to which this party was subjected, in which it concludes that the same presents transbadualism or gender dysphoria ", stated.
"It is not logical to conclude that, because of the background of the person who made the application, she was married for a long time and had two children, can not have a badual condition different to which it conforms to such status and kinship relationship, taking into account that today, even underwent surgery, specifically, to eliminate the physical characteristics of the bad with which it is born ", recalled .
For the Court, "obliged to continue to live a badual identity different from the real or a situation as irregular combination ent In this way, a male name and a female bad entered in the register are contradictory with human nature itself and generate serious harm to the psychic integrity, autonomy and dignity of the person ".
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