新型權利視野下的變性權研究【月旦時論】 試閱
On the Transsexual Right from a Perspective of New Rights
易性症的存在及變性技術的發展使得變性逐漸成為一種現實的權利需求。變性權的存在有其特定的基礎，健康權與身體權是其存在的權利依據，權利本位論是其學理支撐，而對該權利之承認則是社會進步的客觀選擇。與生命健康權等權利相比，變性權更宜以一種不宜為法律所鼓勵行使的權利形式存在。法律對待變性權應當審慎，不宜宣示變性權的存在並鼓勵其行使。對於變性手術的開展，國家應當透過法律明確予以規範。
The existence of transsexualism and the development of transsexual technology have brought transsex a practical right requirement. The transsexual right has its special foundation. The health right and body right are its right base. The right standard theory is its theoretical foundation. While the social development enables it being acknowledgement. Yet compare to the right to life as well as health and other rights, the transsexual right could only be orientated as a right which is not encouraged by law. The law should treat the transsexual right cautiously and shouldn’t encourage it being exercised. As to the transsexual operation, it should be regulated by law for fear that it would be abused by people.
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