Bulletin of the Transilvania University of Braşov: Series VII: Social Sciences, Law (Jan 2024)

The Effects and Legal Controversies regarding Gender Identity and Non-Binarity over Gender Equality

  • M.M. Barsan,
  • D.P. Preda

DOI
https://doi.org/10.31926/but.ssl.2023.16.65.3.20
Journal volume & issue
Vol. 16(65), no. Special Issue
pp. 161 – 168

Abstract

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This article aims to analyze the implications and legal controversies pertaining to the legal acknowledgement of gender identity on European territory and within member states of the European Union. Initially, we will define the notion of gender identity and non-binarity, as well as the international law in this matter to fully understand the context of regulating these matters on European territory. Subsequently, we will present and examine the effects of legally acknowledging these notions in the matter of fundamental human rights and freedoms and gender equality. At the same time, we will analyze some controversies of international legal practice, such as assuming a new identity to elude the execution of certain punishment, the presence of biological men in sports competitions destined for women, gender neutral toilets and so on.

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