A Critique of the Model of Gender Recognition and the Limits of Self-Declaration for Non-Binary Trans Individuals

Bibliographic Data

ID12248642
AuthorsCaterina Nirta (0000-0001-7870-5914, University of Roehampton, corresponding author)
Year2021
Volume32
Issue2
Pages217-233
Publication date2021-02-20
Open AccessYes
TypeARTICLE
VenueLaw and Critique (JOURNAL)
Journal identifiersISSN: 0957-8536 • E-ISSN: 1572-8617
PublisherSpringer Science+Business Media (PUBLISHER • DE)
DOI10.1007/s10978-021-09286-y
OpenAlexW3084382622
LanguageEN
Citations received4
References cited36

This article considers the model of recognition in the Gender Recognition Act 2004 (GRA) and, through a critique of the value of stability pursued through this legislation, argues that recognition as a model is incompatible with the variety of experiences of non-binary trans-identified individuals. The article then moves on to analyse self-declaration, part of the proposed reform recently dismissed by the Government. While self-declaration contains provisions that would minimise the length of the process of recognition as well as the level of intrusiveness and stigma associated with it, this analysis highlights some fundamental theoretical concerns with its over-reliance on the strict dialectical logics on recognition and its structural inability to account for and respond to the challenges posed by non-binary trans individuals

Declaration · Dialectic · Epistemology · Political science · Sociology · Feminism, Gender, and Sexuality Studies · Law · Law in Society and Culture · LGBTQ Health, Identity, and Policy · Psychology

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