Children’s rights and gender identity: a new frontier of children’s protagonism?

Ammaturo, Francesca Romana and Moscati, Maria Federica (2021) Children’s rights and gender identity: a new frontier of children’s protagonism? Nordic Journal of Human Rights, 39 (2). pp. 146-162. ISSN 1891-8131

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This article adopts the concept of protagonismo infantil (children’s protagonism) to argue that children’s voices on gender identity need to be centred in order to fully empower trans and non-binary children. In this field of children’s rights, protagonismo infantil enables the law to act as a malleable frontier rather than as a rigid boundary. Topics concerning gender and sexuality do not feature prominently among the legal, social, and medical issues most widely discussed in terms of children’s rights. When they are approached, such topics are treated as marginal, controversial, and divisive. The dominant approach is to deny and disregard any possibility for children’s self-identification in terms of gender and/or sexual orientation, and to ‘wait and see’ until an older age – in some cases, adulthood. Yet every child is sexed and gendered at birth by medical and legal practitioners and parents, and gender and sexuality are core aspects of every individual’s sense of self and identity. Focusing mainly on the United Nations Convention on the Rights of the Child (UNCRC), this article encourages new debate on how children can be empowered to affirm their own gender identity through the use of protagonismo infantil.

Item Type: Article
Schools and Departments: School of Law, Politics and Sociology > Law
SWORD Depositor: Mx Elements Account
Depositing User: Mx Elements Account
Date Deposited: 04 Jan 2022 12:01
Last Modified: 04 Jan 2022 12:39

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