RIGHTS OF TRANSGender Persons IN CONFLICT WITH THE RIGHTS OF THEIR SPOUSE: CONFLICT BETWEEN THE RIGHT OF THE TRANSGender Person TO PRIVACY AND SELF-DETERMINATION OF THEIR GENDER IDENTITY AND THE RIGHT OF THE SPOUSE TO INFORMATION ESSENTIAL FOR CONSENT TO

Abstract

This study aims to examine the tension between a transgender person's right to privacy and self-determination of their gender identity and their spouse's right to information necessary for valid marital consent. Gender identity constitutes a fundamental aspect of human dignity, supported by constitutional principles and international standards. In many cases, confidentiality regarding transgender status is a form of self-protection, especially in the face of social stigma and potential negative repercussions in the personal and professional spheres. On the other hand, marriage is based on the autonomy and informed consent of the parties. The omission of information about gender identity can be interpreted as a breach of marital trust and, under certain circumstances, even as a defect in marital consent. This creates a complex legal and ethical dilemma: to what extent can preserving a transgender person's privacy prevail over their spouse's right to access information considered essential to their marital decision? Doctrine and jurisprudence still disagree on the prevalence of these rights in specific situations. The challenge is to find a balance that simultaneously protects the dignity and identity of the transgender person, without restricting the freedom and self-determination of the spouse within the marital relationship.