Studia Prawnicze. Rozprawy i Materiały / Studies in Law: Research Papers

Abstract

The article explores the interplay between literature and law in the context of transgender issues, demonstrating how literary works and legal doctrine and jurisprudence shape the understanding and legal situation of transgender people in Poland. The authors, referencing selected literary texts (including Virginia Woolf’s Orlando and Olga Tokarczuk’s The Empusium) as well as recent changes in the jurisprudence of the Supreme Court and the Court of Justice of the European Union, highlight the shortcomings of the Polish legal system, which still fails to address the real needs of this social group. It is argued that literature, by fostering empathy and presenting the complexity of transgender experiences, can be an important voice in the debate on the need for legislative changes. The article emphasizes that comprehensive and modern legal regulations should take into account both human rights and individual dignity, providing an adequate response to contemporary challenges. The authors highlight a number of areas in which transgender individuals experience limitations that negatively impact their well-being. They also note that, in light of recent Supreme Court case law, court procedures initiated by transgender individuals should be significantly simplified. In particular, they demonstrate that literature can serve a cognitive, critical, and normative role in law, influencing its interpretation and directions of development. The authors point out that the lack of comprehensive legal regulation in Poland leads to fragmentation of transgender rights protection and shifting the burden of resolving key issues to the judiciary. They emphasize the importance of recent Supreme Court case law and European standards as a catalyst for legislative change. The article also points to the need to consider transgender issues in a broader context, encompassing healthcare, labor law, anti-violence, and family law.