성별 다양성에 대한 헌법적 접근

Abstract

The term ‘third gender’ refers to a variety of gender identities that do not fit into the binary system of male and female, including transgender, non-binary, and genderqueer. This term signifies individuals whose gender identity differs from their biological sex, playing a significant role in social and legal recognition and policy. While legal approaches to gender have traditionally been based on binary gender norms, there is a growing legal framework recognizing the third gender. In 2017, the Federal Constitutional Court of Germany ruled that the legal requirement to register a person's gender as either male or female at birth does not fulfill the constitutional guarantee of equality irrespective of gender. Consequently, Germany established a legal avenue for registering a third gender. The Federal Constitutional Court recognized the connection between personal dignity and gender identity. It also acknowledged the substantial impact of gender on an individual's identity and social interactions. Such changes reflect the legal acknowledgment of social diversity and inclusiveness, contributing to enhanced recognition and understanding of the third gender. Our society also needs legislative efforts to adapt to the changing perceptions and recognition of gender beyond the binary thinking of male and female.