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Gender Identity in Contemporary Law

Student: Denisova Mariia

Supervisor: Marianna G. Muravyeva

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Final Grade: 8

Year of Graduation: 2018

The main goal of this Bachelor’s thesis is to analyze the main approaches to legal regulation in the field of gender identity and the right of any individual to expression, both within the framework of international legal discourse and in Russian national legislation, with the provision to improve legislation on transgender individuals. Chapter I refers to the main definitions of gender identity in the context of human rights, as well as transgenderity as a human right to self-expression. Chapter II is devoted to the international legal mechanism for ensuring the right to gender identity: the UN legislation, the experience of ensuring the right to self-expression in regional law, the jurisprudence of the European Court. Chapter III covers the problems of Russian legislation in the field of gender identity. Based on the analysis in the thesis, the following conclusions were formulated in the thesis: first, factors such as stigmatization, psychopathology of gender dysphoria, persisting stereotypes of society, discrimination, insufficient legal regulation of the right to self-expression and mechanisms for protecting violated rights make it difficult to develop the human right to gender identity. Secondly, the main problems, which were faced by transgender people in various spheres of society and everyday life experience, were identified, since trans-people are not provided with sufficient legal protection. Thirdly, Russian legislation does not regulate provisions on gender identity, which leads to the "invisible" legal position of the whole community of transgender individuals.

Full text (added May 12, 2018)

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