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Constitución e identidad de género.

Authors :
Álvarez Rodríguez, Ignacio
Source :
Persona y Derecho. 2023, Vol. 89 Issue 2, p269-296. 28p.
Publication Year :
2023

Abstract

This text explores the fit of the theoretical theses of gender identity in the constitutional framework, understood as both the Spanish legal-positive framework and that of Western liberal democracies, established after World War II. To this end, the contribution has been divided into three sections. In the first place, an attempt is made to clear up the key concepts that are going to be handled throughout the article, notably four: human dignity, vulnerability, sex/gender and sexual identity/gender identity. Secondly, it offers a review of the main normative and jurisprudential milestones that have had to respond to the gender identity challenge, an issue with some growth in importance in the most recent constitutional jurisprudence, in its «gender perspective» aspect. Thirdly, the reader is offered some arguments that could act as a counterweight to the worst drifts manifested by the gender identity thesis. Finally, some conclusions are drawn around an in-depth reflection on the findings resulting from the investigation, submitted, of course, to the best doctrinal opinion. [ABSTRACT FROM AUTHOR]

Details

Language :
Spanish
ISSN :
02114526
Volume :
89
Issue :
2
Database :
Academic Search Index
Journal :
Persona y Derecho
Publication Type :
Academic Journal
Accession number :
173634653
Full Text :
https://doi.org/10.15581/011.89.011