Basic Principles of Legal Policy in the Field of Gender Identity

Abstract

The article states that the problem of gender identity is considered indirectly in domestic science. Not in one scientific work we have found a system of principles of legal regulation of gender identity of modern society, but the political and legal orientation of modern states is the priority of the paradigm of equality in all social relations. The basic principles of legal policy in the field of gender identity are highlighted: the principle of gender equality; recognition of the difference between sex and gender; individual choice of gender identity based on the values of human dignity and human autonomy; the principle of balanced gender socialization (by adopting at the state level a set of pedagogical, medical, legal, social and cultural measures that would promote "education" in the younger generation of respect for the choice of gender, polygender society, tolerance of the opposite sex, gender equality, etc.); the existence of a legal mechanism for exercising the right to gender identity. It is proved that the state power, which positions itself as democratic, cannot ignore the social processes that take place. Changing the ideology of public relations requires updating approaches to legal policy. Declaring the principle of gender equality has already become one of the fundamental stages in the development of civilized nations. At the same time, it is important not only the external legal regulation at the constitutional or legislative level, but also to provide a mechanism to guarantee this principle in law enforcement practice. Therefore, it is important not to limit this by the adoption of a special act, but to create an effective mechanism that would implement the rules and regulations specified in it. And this is much more difficult to do, because you need an effective set of law realization, law enforcement and law ensuring factors. It is stated that modern Ukrainian society has an underdeveloped gender ideology, works are still divided into "purely male" and "purely female", there is a ...