FRANCE – The French hypocrites? Surely not, you say! But when it comes to transgender issues, France is in the vanguard of hypocrisy.
That is certainly the case according to national transgender organization Trans-Aide after the French government Minister for Justice Michel Mercier confirmed that the state will not recognize a change of gender identity without proof of “irreversible sterilization.”
Mercier gave this view Dec. 30 in response to a written question in the Senate by Maryvonne Blondin.
“The irreversible characteristic can result from hormonal treatment, which has the effect of altering certain physiological aspects of an individual, notably their fertility, which can itself be irreversible,” Mercier said, adding, “It is for those concerned to bring forward proof.”
It has been a bad year for transgender identity in France and battle lines are now drawn for a struggle between Trans-Aide and their allies on one side, and the government and legal establishment on the other.
Only last year, in April, did French representatives in the parliament of the Council of Europe bury their political differences and join with others to support resolution 1728 (2010), which require member states to ensure that recognition of transgender people should not be contingent on a legal requirement for sterilization or any other specific medical treatment.
This position appears to have been ignored. Two cases in point concern Delphine Ravisé-Giard and Stephanie, an author who wishes to remain anonymous.
When trans woman Delphine Ravisé-Giard, who had already seen her change of civil status turned down by the courts, took her case to the Court of Appeal in Nancy in October, the court refused to endorse this position, stating instead that it would issue its verdict on the matter in the New Year.
In November, Stephanie, a national spokeswoman for Trans-Aide, took her case for gender recognition to the same court with much the same result. The fact that she was living as female and was recognized as such by her circle of friends made little difference.
“The right to a private life does not absolve transsexuals from the obligation to provide proofs,” the Court declared.
Both Stephanie and Delphine are continuing their struggle through the French legal system, which is the necessary precursor to taking the issue to the European Court of Human Rights
