Identidad de género de niños, niñas y adolescentes: Una cuestión de derechos

Abstract

Abstract This paper defends the fundamental right of children and adolescents to gender identity. We contend that children and adolescents are constitutionally entitled to autonomously determine their gender identity, a right which is also recognized in the international human rights law. As bearers of constitutional rights, children and adolescents can autonomously exercise their right to gender identity in accordance with their age and maturity. We then take distance from those approaches which either hold that children are incapable of autonomous exercise of rights, being a decision to be taken by their parents or any other responsible adult, or that see gender identity issues as medical or pathological matters –an approach that our jurisprudence has mistakenly endorsed–.