The Identity and Gender of Law versus the Right to Gender Identity

Abstract

In this paper I analyze the so called right to gender identity in relation to the modern iuspositivist legal validity categories. And I propose a postpositive and critical conception of the Law and its validity at the service of a justified concretion of the rights of the people. All of this is approached around a descriptive and foundation approach to the right to a differentiated gender identity and that becomes independent of the modern imposition of gender and identity assimilation as a condition of equality in rights.