What Makes a Real Man? Gender Norms and Western Australian v. AH [2010] WASCA 172

Journal of Law and Medicine, Vol. 18, pp. 478-497, 2011

20 Pages Posted: 7 Apr 2011

Date Written: April 4, 2011

Abstract

In Western Australia v. AH [2010] WASCA 172 the Western Australian Court of Appeal denied two female-to-male applicants for gender reassignment certificates the right to be legally recognised as men. In so doing, an opportunity was lost for Australia to be one of the first jurisdictions in the world to legally provide a reassignment of gender without requiring permanent sterilising surgery. This column examines not only the legal issues considered in the case but the broader ethical and human rights issues associated with denying female-to-male gender reassignment applicants who have not undergone a permanent sterilisation or genitalia alteration procedure, the right to be identified as males.

Keywords: Gender Reassignment, Transgender, Reproductive Rights, Genital Surgery

JEL Classification: D81, I18

Suggested Citation

Faunce, Thomas Alured, What Makes a Real Man? Gender Norms and Western Australian v. AH [2010] WASCA 172 (April 4, 2011). Journal of Law and Medicine, Vol. 18, pp. 478-497, 2011. Available at SSRN: https://ssrn.com/abstract=1802878

Thomas Alured Faunce (Contact Author)

Australian National University ( email )

Canberra, Australian Capital Territory 0200
Australia
61 2 61253563 (Phone)

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