The Right Of Gender Selection

On the 1.36 billion Chinese population base,according to authorities estimate,the bisexual people and the gender blur people whose sexual characteristics do not conform(collectively called the third gender) account for 0.018% of the newborns. The data is quite amazing. Whether it is domestic or foreign,there is some people whose physiological gender is inconsistent with psychological gender.Because of the legal acceptance of holistic medical knowledge which is called two element paradigm of men's and women's gender, Many bisexual, transgender people choose to take reassignment surgery to change the gender in order to meet the standards of two element paradigm of gender.However, with the popularity of degeneration surgery, the expanding of bisexual, transgender groups, disputes caused by the implementation of the rights of gender selection arise.Because of their special identity, existing laws lack definite provision about the problems of the rules of gender reassignment surgery, legal confirmation of gender option and so on. Legal relationships of them make them confused. Current law cannot adjust the relationships of bisexual and transgender rights and obligations, This will not only result in missing of rights protection of the bisexual and the transgender, but also will lead to social chaos in legal relations. In this paper, a series of legal issues caused by the implementation of the rights of gender selection of the bisexual and the transgender will be resolved to protect the rights of human body, health, marriage of the bisexual and the transgender.In addition to the introduction of this article, there are three parts, its basic contents are as follows:The first part focuses on understanding of two element paradigm of gender and legal gender.At first, on the basis of the natural gender and the determination to understand the natural gender, the first part will analyze the formation of human natural gender. modern medicine points out that genetic abnormalities, external genital organs dysplasia and gonadal abnormalities may result in natural gender of few people different from traditional gender. In addition to men and women, there are other types of natural gender.On the basis of medical meaning and legal significance of natural human gender,It is not comprehensive to analyze the two element paradigm of men's and women's gender. this article will analyze the two element paradigm of gender so that we can find a profound impact of two element paradigm of gender in medicine on law.The law accepted two element paradigm of gender in medicine.The second part focuses on the basic theory of the right of gender selection. According to jurisprudence,this section defined the concept of gender selection. Right subject of gender selection are hermaphroditism people and transsexual patients.Making people know the the bisexual person image in the field of social culture and the two ways of implementation of the rights of gender selection to maintain its original condition or gender reassignment. This section will analyze degeneration of psychological of the transsexual, homosexual person and medical explanations and basic conditions of transgender. In this final part of the section, I will analyze the three legal basis of international human rights law, constitutional law, civil law about gender selection.The third part focuses on the legal problems caused by the implementation of the rights of gender selection. Firstly,I Introduce how to resolve the problems of their gender on household registration, the name changing issue on legal instruments. Secondly,I Introduce we should confirm reassignment surgery legitimate, strengthen the management of sex reassignment surgery.The country should make clear and specific provisions about technical standards of reassignment surgery to protect the right to life, the right to health, right to the body. Thirdly,,I Introduce the confidentiality of hospitals, the media and interested parties. restrictions on transgender people's privacy who is referred as a public figure appropriately and if we have legitimate reasons, we can open the transgender degeneration information. Fourthly, the law should be treated differently about marriage rights for transgender and transsexual after or before marriage. Fifthly, the law should regularized three relationships of the bisexual, the transgender and biological children, adopted children and children with Artificial Insemination to protect their custody.