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Legislative policies on gender identity in comparative perspective: Quebec and Brazil

Grant number: 17/19385-0
Support type:Scholarships in Brazil - Doctorate
Effective date (Start): March 01, 2018
Effective date (End): January 31, 2021
Field of knowledge:Applied Social Sciences - Law
Principal researcher:Guilherme Assis de Almeida
Grantee:Maria Luiza Moura de Carvalho
Home Institution: Faculdade de Direito (FD). Universidade de São Paulo (USP). São Paulo , SP, Brazil
Associated scholarship(s):19/07643-0 - Evolution of Quebecs legislation on rectification of sex mention on official documents for transgender people in the Canadian context, BE.EP.DR

Abstract

The doctoral research seeks to analyses the differents legislatives policies adopted by the countries regarding the gender identity, focusing the analysis on how the perspective has been integrated into the national legal system of the Canadian province of Quebec, and what has been the repercussions of this incorporation in the expansion and improvement of the exercise of citizenship by transsexual people in such region. The research is part of the International Human Rights Law as a branch of Public International Law specifically aimed at safeguarding human dignity from a counter majoritarian principle. The despatologizing perspective adopted to approach the theme is in line with that adopted by the international documents on Human Rights and by the specific international bibliography on gender identity in the social sciences, which for at least two decades began to work with a gender understanding as an aspect of human subjectivity detached from any biological substratum. The objective of this research is to cross the data between the presence or absence of pathological assumptions in domestic legislation on gender identity in the legislations analyzed and the quality of participation and integration of trans people in the social environment, to investigate how the social attributes that mark the bodies are also responsible for the production of new citizenships and subjections. The materials to be analyzed in the research will be, in particular, the reference documents on the subject of gender identity in the scope of International Human Rights Law, legal documents on the subject matter produced within the internal legal order of the jurisdictions analyzed and the references in theories of gender identity produced by social theory in the last two decades. In methodological terms, the research will use the methodology of documentary research (bibliographical and legislative) and analysis of content in a qualitative perspective. (AU)