Overview

The book considers the genealogy of the term gender identity and its entrance and development in international human rights law. Going against the prevailing narrative, the book explores the possibility of refashioning gender identity as a belief; this reframing allows the conflicting rights of women, children and LGB people to be protected and as well as the right of people to express their belief in having a gender identity incongruent with their sex.

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9781036405502

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""Professor Asteriti is one of the leading academics in the field of research into the International Human Rights Law implications of gender identity theory. Her existing work, exploring key areas of Public International law and the law of fundamental rights has been published in leading journals and edited collections and bears witness to her rigour, excellent insight and the ability to bring together doctrinal legal perspectives with philosophical and theoretical discussion.Alessandra dissects the philosophical notion of gender identity in all its complexity and sets it against the implications of adopting it in law and policy in a lucid and cogent way. Her control of the relevant legal sources is impressive: the commentary spans from International Law instruments to regional human rights catalogues to domestic law in a number of jurisdictions and never loses the strength of the underlying arguments that are embedded in this book. In all of these contexts, the implications of introducing gender identity theory as a preferable protected characteristic vis-à-vis biological sex are carefully considered against the background of a cogent and sound concept of non-discrimination and other relevant human rights principles, providing a clear and solidly grounded view of where the law is today and where it could progress to, if these arguments were to be accepted.""Dr Arianna Andreangeli, Senior Lecturer in European Law, The University of Edinburgh

Professor Asteriti is one of the leading academics in the field of research into the International Human Rights Law implications of gender identity theory. Her existing work, exploring key areas of Public International law and the law of fundamental rights has been published in leading journals and edited collections and bears witness to her rigour, excellent insight and the ability to bring together doctrinal legal perspectives with philosophical and theoretical discussion.Alessandra dissects the philosophical notion of gender identity in all its complexity and sets it against the implications of adopting it in law and policy in a lucid and cogent way. Her control of the relevant legal sources is impressive: the commentary spans from International Law instruments to regional human rights catalogues to domestic law in a number of jurisdictions and never loses the strength of the underlying arguments that are embedded in this book. In all of these contexts, the implications of introducing gender identity theory as a preferable protected characteristic vis-à-vis biological sex are carefully considered against the background of a cogent and sound concept of non-discrimination and other relevant human rights principles, providing a clear and solidly grounded view of where the law is today and where it could progress to, if these arguments were to be accepted.Dr Arianna Andreangeli, Senior Lecturer in European Law, The University of Edinburgh

"""Professor Asteriti is one of the leading academics in the field of research into the International Human Rights Law implications of gender identity theory. Her existing work, exploring key areas of Public International law and the law of fundamental rights has been published in leading journals and edited collections and bears witness to her rigour, excellent insight and the ability to bring together doctrinal legal perspectives with philosophical and theoretical discussion.Alessandra dissects the philosophical notion of gender identity in all its complexity and sets it against the implications of adopting it in law and policy in a lucid and cogent way. Her control of the relevant legal sources is impressive: the commentary spans from International Law instruments to regional human rights catalogues to domestic law in a number of jurisdictions and never loses the strength of the underlying arguments that are embedded in this book. In all of these contexts, the implications of introducing gender identity theory as a preferable protected characteristic vis-à-vis biological sex are carefully considered against the background of a cogent and sound concept of non-discrimination and other relevant human rights principles, providing a clear and solidly grounded view of where the law is today and where it could progress to, if these arguments were to be accepted.""Dr Arianna Andreangeli, Senior Lecturer in European Law, The University of Edinburgh"

Author Information

Dr Alessandra Asteriti graduated from the University of Rome, Italy, in 2000 with a degree in Ancient History of the Near East. After moving to the UK, she gained her MA in Theory and Practice of Human Rights from the University of Essex, UK, in 2005, her PhD in international law from the University of Glasgow, UK, in 2011 and her LLM also in international law from the University of Glasgow in 2016. She has taught law in the UK and in Germany. She has published extensively in public international law, investment law, legal theory and human rights law.

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