THE RIGHT TO GENDER IDENTITY: THE BASIC PRINCIPLES FOR UNDERSTANDING AND LEGAL ENFORCEMENT

Abstract

The purpose of the study lies in highlighting and analyzing the basic principles of understanding and legal support of gender identity as a special legal phenomenon.
 Methodologically, this work is based on the system of methods, scientific approaches, techniques and principles with the help of which the realization of the research aim is carried out. There have been applied universal, general scientific and special legal methods.
 The article reveals that one of the main characteristics of gender identity in the scientific literature is considered to be a person’s acquisition of gender roles (that is, ways of behavior depending on people’s positions in gender differentiation) and the development of gender self-awareness (id est, awareness of their similarities and differences with representatives of their gender, in contrast to the opposite). Exercising the right to gender identity, we can talk about both the possibility of changing the biological sex and (or) social gender, which is expressed in changing not only physical data, but also a person’s consciousness, his or her worldview, social (in some cases – and legal) role in society, family ... social manners of gender (name, appearance, behavior model, etcetera). In addition, based on the international documents, one can single out general principles related to human rights and gender identity: universality; non-discrimination; personal autonomy; respect for human dignity, regardless of sexual orientation and gender identification.
 Based on the conducted scientific research the author has come to certain conclusions. 1. Gender identity presupposes certain models of social behavior of a person in view of gender, which is determined by nature. Consequently, we are talking, first of all, about accepting or not accepting this fact. Thus, gender identity demonstrates the behavior of an individual in society, which is based on self-identification according to this individual’s gender. 2. The right to gender identity implies the ability of an individual to perform lawful actions that will serve for this person’s self-identification on the basis of gender. In accordance with this, we talk about actions of a legal (the enforcement of the right and duties based on self-identification) and of a medical nature (the possibility of changing (correcting) gender). In other words, the right to gender identity means an individual’s ability to freely act in society based on the social role with respect to which this individual identifies herself / himself on the basis of gender. 3. Despite the recommendatory nature of international legal acts in the field of ensuring the human right to gender identity, the international community is increasingly calling on states to take appropriate measures to properly comply with the principles of equality, non-discrimination, individual autonomy and respect for this individual dignity in realizing the right to gender identity and to ensure its proper legal regulation.