SAYENKO O. Constitutional and legal support for the implementation of the principle of gender equality in Ukraine in the light of foreign experience

The dissertation is one of the first in Ukraine comprehensive research on the essence of the right to gender identity of a human, in the light of modern developing trends of society. The dissertation contains theoretical conclusions and suggestions for improving the legal regulation of gender equality, as well as mechanisms for its implementation. The problems of methodological approaches to understanding «gender» as one of the central and fundamental concepts of modern society, the complexity of applying the gender approach in legal science are highlighted. It is argued that the development of legal science requires mastering new progressive theoretical and methodological approaches to gender issues. The analysis of the category «gender» revealed the pluralism of approaches to the definition of the concept of «gender», which in a broad sense is a complex conceptual construction. Gender is one of the characteristics that most fully reveal the essence of an individual in society, and gender identification is the most important aspect of its formation. As a social institute, gender is developed on the basis of the ideology of humanism, whose essence at all times remains a person, his needs and interests, which are viewed through the prism of the self-worth of human life. The definition of «gender» from the axiological point of view is justified as an integral part of a person’s bio-social value, a personal non-pecuniary good, which is an integral component of the individual essence and human right. It is argued that gender as a legal category is a deep internal awareness of a person of his or her gender affiliation, which can both coincide and not coincide with gender by birth, which determines the pattern of behavior in interpersonal relationships and relations in major institutions of society. The acquirer argues that the concept of «right to gender identity» should be considered in an objective and subjective sense. In an objective sense, the human right to gender identity is a constitutional-legal institute, which is a set of legal norms that consolidate and regulate social relations in the sphere of the implementation of socio-gender self-identification of a person, based on the principles of freedom, dignity and autonomy, within a single the legal field; in a subjective sense, it is a natural, inalienable personality and guaranteed by the Constitution and laws the possibility of independent and free awareness of oneself as a representative of a certain sociocultural gender and, if necessary, the application of law enforcement measures in the manner prescribed by law.