GENERIDADE: DOS DESAFIOS CONCEITUAIS AO RECONHECIMENTO DO GÊNERO AUTOPERCEBIDO COMO DIREITO COSMOPOLITA

Genderity: from conceptual challenges to recognising self-perceived gender as a cosmopolitan right

Abstract

Genderity: from conceptual challenges to recognising self-perceived gender as a cosmopolitan right The article proposes reflections on genderity, seeking grounds against the binarising naturalisation that subjects it to sex. As a relevant argument, it is shown that associating people's appearance with stereotypes of sexual desire is a practice that, historically, has linked gender diversity as deviant and sick behaviour, as can be seen in the pathologising catalogues of the 19th century. Proposing a reinterpretation of gender as a personality right in the 21st century, we conclude that self-perceived gender is not subject to compulsory cisnormativity, according to the Inter-American Court of Human Rights, and should be recognised as a cosmopolitan right (ius cosmopoliticum). Keywords: genderity, self-perceived gender, cosmopolitan law