Female Autonomy vs Gender Identity

A critical analysis of gender identity in CEDAW jurisprudence and the Yogyakarta Principles

by Tina Minkowitz

This paper undertakes to address an emerging conflict between women’s human rights and gender identity rights, using tools provided by the human rights framework and by the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)1 and its associated jurisprudence. CEDAW jurisprudence is divided, with support for gender identity rights coexisting alongside a theoretical approach to equality and non-discrimination that supports the self-understanding of women as a political class that experiences both sex-based and gender-based discrimination.



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