Publication details

Osobní prohlídka a prohlídka těla u transgender a nebinárních osob

Title in English Personal search and body examination of transgender and non-binary persons
Authors

FRYŠTÁK Marek

Year of publication 2024
Type Article in Proceedings
Conference Tradičné a netradičné prístupy v trestnom práve
MU Faculty or unit

Faculty of Law

Citation
Keywords privacy; family life; personal search; body search; adequacy; gender; gender identity; gender crisis; Constitutional Court
Description In his contribution, the author focuses on the definition of the protection of the inviolability of the person, or the right to privacy, and how this is manifested through the principles of proportionality within the institute of personal search and body search provided for in Article 82 or Article 114 of the Criminal Procedure Code. It addresses the issue of gender and gender stereotypes and the related gender identity crisis. In this context, it examines how the protection of these rights is implemented in the performance of these acts for transgender and non-binary persons who fall outside the traditional division between men and women. This paper is based on an article the author produced in 2018 in relation to transgender people.

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