Tuesday, September 22, 2020

Trans women in Colombia do not need to certify their military status


The Colombian Constitutional Court has decided that a trans-woman does not need to have a "libreta militar", which certifies military service.  The libreta is an official Colombian document which certifies an individual's military status.  The Constitutional Court held that trans women don't need this document because it is only destined for men.  It violates the right to equality to treat a transgender woman differently from a cisgender woman as regards the requirement to serve in the military, which applies only to men.

In addition, the Constitutional Court pointed out that the right to the free development of one's personality seeks to protect the person's right to self-determination.  That is to say, the possibility of adopting a model for one's life in accord with one's own interests, without pressure and in accordance with the respect for the rights of others.

Similarly, one's sexual identity and orientation are inherent aspects of one's internal being, but they must have the possibility of being fully expressed and externalized, and recognized and respected, including by generating or excluding certain legal consequences.

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