Gender identity, family relationships and rights of children & adolescents.: Commentary on bill for recognition and protection of gender identity rights

Abstract

This essay refers to certain aspects of gender identity with regard to the modifications that are discussed in our Parliament. This initiative implies challenges, such as not restricting the right to a purely formal recognition but also addressing its effects, which explicitly includes children and adolescents among their owners. The gender as an element of identity of individuals, and considering its recognition as a human right, third party interests cannot illegitimately restrict its exercise but surpassing strict scrutiny of reasonableness. Furthermore, we argue that this recognition should not, by itself, alter family relationships benefited, such as those arising from marriage and/or his parentage. In particular, we understand that children and adolescents can and should exercise this right in light of the international law that enshrines respect for their interests, identity, and right to a hearing and parental responsibility. In this sense, we refer to the submission of the request in cases of children and adolescents, the procedure that it may be subjected, and the reversibility of recognition in its case.