Medvid O. Legal policy in the field of gender identity in Ukraine

The dissertation provides a comprehensive analysis of legal policy in the field of gender identity, the functioning of the mechanism of legal regulation and powers of subjects, reveals the problems of gender discrimination, legal regulation of gender reassignment (correction) and gender policy in the public sphere, as well as on the basis of positive international and foreign practice formulated proposals and recommendations for improving the current legislation. Legal regulation in the field of gender identity is positioned as a key factor in ensuring proper legal policy, which consists in the process of regulating public relations in this area, their legal consolidation, protection and development. The basic principles of legal policy in the field of gender identity have been developed: the principle of equality of the sexes; recognition of the difference between sex and gender; the privacy of each person’s decision in the field of gender identity, based on the values of human dignity and human autonomy; the principle of balanced gender socialization; the existence of a legal mechanism for exercising the right to gender identity. The paper proposes the author's definition of the right to gender identity as a natural human right, which is based on the postulate of the priority of human dignity, which is the ability to individually regulate the relationship between sex and gender by deciding which sex to belong to, the ability to behave as a representative of the chosen sex and, if necessary, to carry out medical and legal actions to balance the chosen self-identity. Legal policy in the field of gender identity is understood as a systemic, conceptual, tactical and legal basis for the influence of public authorities on legal reality in order to ensure the natural human right to gender identity and regulate equality between men and women, gender socialization, legal status of transgender people, combating discrimination on the grounds of gender and sex and forming an effective state mechanism of legal regulation in this area.