Abstract

GAUCHE MARCHETTI, Ximena  and  LOVERA PARMO, Domingo. Non-Binary Or Non-Conforming Gender Identity: Challenging The Chilean Legal Landscape. Bol. Mex. Der. Comp. [online]. 2022, vol.55, n.165, pp.61-91.  Epub Dec 12, 2023. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2022.165.18605.

The reality of trans people has gained greater visibility in recent years in various parts of the world. Various laws and/or public policies have contributed to legal recognition in different latitudes. Regarding gender identity laws, we find the cases of Argentina, Uruguay, Portugal, Malta, Belgium, Ireland and the United Kingdom. In Chile, Law 21,120 exists since 2018, which recognizes and protects the Right to Gender Identity.

Although these norms have imported an undoubted recognition for the dignity of trans people, some of them have been developed from a rather narrow paradigm of gender identity, since the recognition is carried out mainly from the binary logic “masculine/ female”.

Considering this paradigm, this work aims to reflect, from a comparative methodological perspective, on some ideas about the current demand for visibility and recognition of trans identities not assumed as feminine or masculine, with special emphasis on the identification of the binary character of Chilean law. In turn, we review International Human Rights standards and comparative jurisprudential models that have taken charge of the existence and reality of people who identify and perceive themselves as non-binary or non-conforming gender.

This work argues that the right to gender identity of such persons, as a challenge to the binary nature of normative systems, cannot be left without legal tools that allow them to protect their rights.

Keywords : non-binary identity; gender identity; cisnormativity.

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