Gender is a social construct that refers to socially constructed roles, behaviors, appearances, and identities associated with biological sex. Gender diversity includes people who identify outside of traditional gender categories such as transgender, nonbinary, agender, bigender, pangender, genderqueer, or third gender individuals. International legal frameworks are created through treaties, conventions, agreements, charters, statutes, codes, ordinances, and laws made by international organizations like the United Nations, European Union, African Union, Organization for American States, and others.
How do international legal frameworks protect—or fail to protect—gender-diverse rights?
International legal frameworks provide some protections for gender-diverse rights but often leave gaps and loopholes. The Universal Declaration of Human Rights (UDHR) provides for "everyone's right to freedom from discrimination" based on "sexual orientation," which can be interpreted to include gender identity and expression.
Most countries have not incorporated this protection into their domestic law, leaving it up to interpretation in courts. The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) recognizes "the equal right of men and women to enjoy all civil and political rights." This language excludes gender-diverse people, especially transgender women who may face discrimination due to their gender identity rather than their sex assigned at birth.
The Yogyakarta Principles affirm "the human rights of all persons, regardless of sexual orientation or gender identity." Many countries have signed these principles but few have implemented them. Some legal frameworks recognize "intersex" as a third sex category with specific healthcare needs, but this does not address other issues affecting intersex individuals such as stigma and discrimination. There is also variation between regions regarding recognition of same-sex marriage, adoption, and parenthood. While some countries allow same-sex marriage, many others still criminalize homosexuality and impose harsh penalties.
Gender diversity presents challenges to international legal frameworks due to varying cultural attitudes towards gender, sexuality, and relationships. Protecting gender-diverse rights requires clear definitions, explicit language, and effective implementation. Acknowledging the complexity of the issue and working collaboratively across sectors, including medical, psychological, legal, and social services, is crucial for creating inclusive policies that benefit everyone.
How do international legal frameworks protect—or fail to protect—gender-diverse rights?
There are many different types of gender identities that exist beyond the binary male/female dichotomy. These identities may include nonbinary, agender, transgender, and intersex individuals who often face discrimination and marginalization on a daily basis due to their gender identity.