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Operacje korekty płci: czyn legalny czy bezprawny?
Ferenz, Jerzy M. (Redakcja Wydawnictw Wydziału Teologicznego Uniwersytetu Opolskiego, 2016)
The article concerns the issues of legality or illegality of sex reassignment surgery in the light of the Polish penal law. Conducted considerations start from the reference to the phenomenon of transsexualism (including its definition and etiology), possible methods of improving the health of transsexual people and the level of their effectiveness. Taking into account the aforementioned context, there has been analysed the existence of the medical purpose of the SRS. In that context there has been analysed the possibility of finding the primary legality of SRS. Subsequently, it has been analysed whether there is a possibility to exclude criminal liability for conducting such surgeries by the way of using justification, circumstances excluding the guilt or due to negligible degree of social harm of an act. Referring to the current de lege ferenda demands, there has been proposed the solution to the problem of establishing a clear legal settlement which should take the form of justification which would re-legalise SRS. The basis for such justification would be consent, as well as the requirement to have completed the register sex change first.