Ar esančiu reglamentavimu Lietuvoje užtikrinamos asmens, medicininiu būdu pasikeitusio lytį, teisės? ; Whether the existing regulation in Lithuania protects the rights of the person, who has medically changed the gender?
Transsexual people are a part of society, for which the legal framework is not provided in Lithuania. The law projects, presented by the members of the Seimas, remained at project level and nowadays, there is no law at Lithuania, which would recognise sex change. The recognition of gender is the most important aspect for people that want to change genders. Certain subordinate legislation regulates the identification document change, health care, partnership of transsexual people; however, not all laws are implemented due to a legal gap. The problem of the work. In the Lithuanian Civil Code, a person's right to medically change genders, if it is medically possible, was established. The sex change surgery, the gender itself was supposed to have been adjusted by a special Sex change law, which still has not been admitted. So, the question addressed is how such a person's rights can be ensured in Lithuania, if a person after a full or partial sex change, once their passport and other important documents have been changed, could legalise themselves in Lithuania. Another aspect due to which even more questions arise is how you could determine the retirement age of the person that had changed their gender, since the retirement age for men and women is different. The raised problem is that health care services concerning sex change are not provided to people that had changed their gender. In addition, the question of family formation is important – can people that had changed their gender adopt when they marry a representative of the opposite gender, since no such regulation in Lithuania exists. Also, questions are raised about sports: could a person, after changing their gender, take part in a sport, i.e. play for the women's team if they were a man before and vice versa; could they resume their sports activities after the surgery. Therefore, it can be said that the topic is quite problematic and has many unanswered questions. The main problem of the work is the limiting of rights of people, who wish to change their gender, which leads to the uncertainty of those people's situation. Lithuania is not the only country, which does not have an established Sex change law, such a problem is sore in other countries of the European Union; therefore, it should be solved. The relevance of the work. After analysing the Lithuanian and foreign scientific literature, after conducting the surveys, the legal regulatory failures that over time change in certain aspects in each country are revealed. After the Sex change law has not been passed in Lithuania, the legal status of transsexual people is not clear. You cannot have gender reassignment surgery, directly address authorities, which would perform the change in the civil status acts, healthcare is not provided. A detailed analysis of legal problems concerning sex change, the lack of its regulations both in Lithuania and in other countries is provided. In addition, the relevance is distinguished also by the fact that a changing practise is noticed in The European Court of Human Rights Cases, in which a different view on transsexual people's rights is reflected than in national law. A hypothesis that has been brought in that the rights of a person that had changed his gender by medical means are not ensured has confirmed itself. After conducting the analysis, it can be concluded that such a limitation of the people's legal framework and the non-establishment of the Sex change law does not ensure the rights of transsexual people. A full change of the person's gender is required in Lithuania, yet such surgeries cannot be performed in the very same country and health care is not provided. For this reason, the most frequently encountered is the illegal inaction of the government institutions and the government itself, when the government takes no measures to implement the laws or at least to fix the subordinate legislation so that people could use it. Such passiveness of the government violates the people's rights to a quick, clear and easily accessible procedure. So, from the survey conducted in this work, it can be concluded that the rights of a person are not ensured to people that have changed their gender. The object of the work is the rights of people that had medically changed their gender. The purpose of the work is to determine whether the rights of people that have changed their gender are ensured in Lithuania, where there are no regulations, by conducting an analysis of the practice of the courts, legislation and sources. The tasks of the work: 1. To conduct an analysis of the legal regulation concerning the people that have changed their gender in Lithuania. 2. To analyse the legal regulation of sex change in foreign countries and evaluate it; 3. To conduct an analysis of the legal practise in Lithuania and foreign countries concerning the people that have changed their gender. The hypothesis of the work: the rights of a person that had medically changed their gender are not ensured.