Transgender people, transvestites, and transhuman rights: The case of morphological freedom

Abstract

In this essay, we address the interface between gender and law through the social inclusion of transgender and transvestite people and the case of morphological freedom. Our objectives are: i) to present a conceptual map and the struggles that configure the trans issue in the Functionings Approach (PdF); iii) to include the debate in  an emerging field of reflection, fostering interest in  transhumanist studies, emphasizing morphological  freedom as a transhuman right. After presenting some of  the main nuances of the trans issue in Brazil, we advocate  expanding the list of the so-called moral concernants,  offering a more inclusive normative perspective as  possible. Based on the adoption of functional systems, we  draw attention to the gain of replacing the notion of  human rights with that of fundamental rights, presenting  the PdF. We conclude by presenting the concept of  transhuman rights, which may indicate an expansion of  those concerned and the freedoms guaranteed,  highlighting morphological freedom, which seems  fundamental to us for the exercise of an unavoidable  dimension of the existence of transgender and transvestite people.