Content and legal nature of the human right to gender identity

The article is devoted to researching the content and legal nature of the human right to gender identity. It is noted that the right to gender identity is an integral part of human rights. International organizations such as the UN recognize the importance of protecting people’s rights to self-identification. At the same time, ensuring legal protection of gender identity promotes social inclusion and equality, which is extremely important for creating a tolerant and just society where all people can live without fear of discrimination. It was concluded that the right to gender identity can be understood as a given person the opportunity to self-identify as a representative of a certain sex, to perform actions in accordance with his gender identity regarding the change of biological and/or social sex, as well as to demand from others to refrain from actions that violate this right. In addition, legal recognition of gender identity has a direct impact on people’s mental and physical health, as research shows that legal protection and support of gender identity reduces stress, depression and suicidal thoughts among transgender people. It was analyzed that from a legal point of view, gender identity can be considered as a good, an object of the corresponding personal non-property right, characterized by the following components: 1) self-determination of a person as a representative of a certain gender; 2) gender self-expression through the so-called social manners of gender (name, appearance, manner of behavior, clothes, accessories, etc.), which creates a holistic perception of a person as a representative of the corresponding gender. It is noted that the European Court of Human Rights has unequivocally established a positive obligation for European states to ensure legal recognition of gender. However, when it comes to the practical implementation of this obligation, it is necessary to carefully evaluate the procedures for their compatibility with human rights. This section will help when working on amendments or new gender recognition legislation by explaining the guidelines for developing procedures, the requirements and implications of the law, providing information on case law and relevant human rights standards, and identifying common problems.