ГЕНДЕРНА ІДЕНТИЧНІСТЬ ОСОБИ ЯК ОБ’ЄКТ ПРАВ ЛЮДИНИ НА ОСОБИСТЕ ЖИТТЯ ТА НА ГІДНІ УМОВИ ПРАЦІ

Abstract

The article is devoted to highlighting the synergistic effect of essential features of gender identity as the basis of this study through the prism of theories of human rights and decent work, as well as defining the problems of legitimizing this concept as an object of human rights to the inviolability of private life and decent working conditions in national legislation. The analysis of special literature, statistical data, the state of national legislation allows us to state that in Ukraine the concept of gender identity as an object of rights to privacy and decent working conditions has not been systematically and comprehensively studied in jurisprudence. The study of the historiography of the concept of "gender identity" from the second half of the twentieth century to the present allows us to conclude that this concept was originally formed mainly as an element of the conceptual apparatus of psychological science, gradually became general science. Now this concept is being actively researched and institutionalized in the humanities. In the human sciences, gender identity has three main modalities: psychophysiological, social, and personal. Due to these modalities, this concept began to be actively explored in legal science in the late twentieth century. It was found that at the legislative level, the term "gender identity" is used by the legislator in fragments, only in anti-discrimination legislation in the field of labor and employment, without fixing its definition. It is proposed to develop the draft Bill "On Gender Identity", guided by the "Yogyakarta Principles". It would be desirable to establish a clear definition of gender identity, the procedure for its legal recognition and legal mechanisms to protect the rights of transgender people, especially the rights to privacy and decent working conditions.