性别变更权的宪法思考

Constitutional Reflection on Transsexual Questions

随着我国变性人的增多,变性人已经形成一个不容忽视的社会群体。随之而来的法律问题也日益突出,其中首要的就是宪法问题。自由赋予了人存在的理由,必然也可以给予"易性癖"者以享有性别变更权的自我空间。性别变更权虽然不属于公民的基本权利,但却应当是公民人格权中的一项重要的权利。对于变性人,只要他们变性后的性别得到了法律肯定,就应该与其他同性别的公民一样,在人格上能平等享有宪法和法律所赋予的权利和自由。

In our country there is a growing number of persons who changed their status of sex, They have become a special social community so we should not neglect, Thus some concerning legal problems become prominent, the most important being the constitutional one. As personal freedom has endowed each person the freedom of existence, it also gives the person with the peculiarity to change sex the space to enjoy the fight to do so. Although the fight does not belong to the citizen＇s basic fights, it is also an important personality fight, Those whose transformed sex status has been affirmed by law, should equally have the fights endowed by constitution and law with the citizens of the same sexual charac- ter in personality.