Must sex be a part of the state of persons yet?

Abstract

Questionning sexual identity through the issue of transsexualism is a way to pay tribute to the Romanist Yan Thomas as he was found of limit-cases and has continuously addressed the issue of the the respective parts of the biological and social, the "given" and "built" in the elaboration of legal norms. These, in the field of transsexualism are marked by a clear trend : in forty years, we have shifted from the refusal of the change in the registry office to the acceptance of a limited availability of the individual on his/her condition. This relaxation of the conditions laid down in gender change does not mean that it would become a variable provided the sole responsibility of the individual will . So if the present state of law accepts some fluctuation identities, contrasting sharply with the fixed concept of identity conveyed by the increasing use of genetic fingerprint files - sexual identity does not pertain to individual autonomy . At the time of the consecration of equality between men and women, the fact that gender remains an individual and social fundamental characteristic doubtless explains why the removal of gender from the registry office to the agenda