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Persona sexum non habet: How to reconcile the rights of women with the rights of non-binary people?

Abstract

This article examines transformations in legal discipline and jurisprudential understanding of the contours of the notion of gender in anti-discrimination law, in different countries. In order to discuss the relationship between the rights of women and non-binary people, courts in countries such as Denmark, Malta, Ireland and Norway begin to understand the gender category from an intimate and experienced experience based on individualized subjectivities, using of the sociological understanding of the Yogyakarta Principles. The understandings plastered and based on a cisheternal normative behavioral standardization are, therefore, revisited. With this, women's rights are reconciled with the rights of non-binary people and are analyzed from a different perspective, gaining a pluralized, sidereal projection and in greater consonance with the material aspect of the principle of equality.

Keywords:
Anti-discrimination Law; Equality; Women's rights; Rights of non-binary people

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