The paper discusses a taxonomy of the emerging constitutional right to gender recognition. Examining the constitutional case-law which is mushrooming across jurisdictions, and setting it against trans people’s demands, the paper identifies four types of the right to have one’s deep seated sense of gendered sense recognized in the law: ascriptive binary, elective binary, ascriptive non-binary, elective non-binary. The paper argues that gender recognition is now firmly established as a constitutional right, as a manifestation of widely shared mainstream constitutional principles. However, the paper also warns that the right to gender identity is, in fact, a composite category, with manifestations which are quite different from each other and often lumped together, at times regardless of their profound theoretical and socio-legal differences and implications.
Our 2020 Annual Conference was scheduled to be held at the University of Wrocław in Poland on July 9-11, 2020.
Due to the COVID-19 pandemic, the ICON·S Executive Committee has decided to postpone our 2020 Conference to 2021. Our next Annual Conference will take place from July 8-10, 2021, in Wrocław, Poland.
Procedural details regarding the organization of the 2021 Conference will follow in the months ahead.Join ICON•S