The Effects and Legal Controversies regarding Gender Identity and Non-Binarity over Gender Equality

Abstract

This article aims to analyze the implications and legal controversies about the legal acknowledgment of gender identity on European territory and within member states of the European Union. Initially, we will define the notion of gender identity and non-binarity, as well as the international law in this matter to fully understand the context of regulating these matters on European territory. Subsequently, we will present and examine the effects of legally acknowledging these notions in the matter of fundamental human rights and freedoms and gender equality. At the same time, we will analyze some controversies of international legal practice, such as assuming a new identity to elude the execution of certain punishments, the presence of biological men in sports competitions destined for women, gender-neutral toilets, and so on.