TRANSEXUALIDAD Y RESTRICCIÓN DEL RÉGIMEN DE VISITAS.

Abstract

A transsexual father's right to freedom from discrimination by reason of sexual orientation was not violated by a restriction of the father's right to visit his/her child, established in the course of a procedure to amend definitive measures. The parent's gender dysphoria was not the true reason for the court's decision to restrict visiting rights. In view of the prevailing interest of the child and on the basis of the psychologist's evidence, the decision was justified by the considerable risk that the situation of emotional instability the father was going through might well have a negative repercussion on the child's personal development.