The Right to Gender Recognition before the Colombian Constitutional Court: A Queer and Travesti Theory Analysis

Abstract

This article discusses the case‐law on gender recognition of the Colombian Constitutional Court. It argues that the Court, paying attention to queer and trans theory and to the demands of trans activists, has interpreted mainstream constitutional rights in such a way that trans people can have their self‐defined identities recognised. The article criticises the limitations of this case‐law, which still does not explicitly include non‐binary and gender fluid people. On the other hand, it highlights that the Court's doctrine has the potential to challenge both the gender binary and the very category of ‘sex’ or ‘gender’ in the law.