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

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Abstract

This article considers the model of recognition in the Gender Recognition Act 2004 (GRA) and, through a critique 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, one of the most significant proposed implementations in the GRA reform that is being considered in England, Scotland and Wales. While this practice contains provisions that, if approved, 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.

Original languageEnglish
JournalLaw and Critique
Publication statusSubmitted - 28 Nov 2019

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