Identidad de género infantil como derecho humano: una asignatura pendiente en el contexto jurídico estatal

Abstract

The ideological device which the generic-sex control was founded, influenced in a concomitant form the structure of the national-estate. This event originated, in contrast with the postulates of the nineteenth-century, a social and inequality institutional regime among people, restricting women, children, corporate diversities and gender’s rights because of the natural differences or cultural that underlies among them, especially, if it is confronted with the modern ideal of the good citizen, who needs to cover three basic conditions, socially institutionalized: to be a man, to be white and to be an owner. These ideological premises, generated for many years, social disadvantage conditions towards the people that did not fit in those budgets, with its incorporation in the state legal regulations preventing, through invisibility, that other different ways of perceiving and expressing the gender, were recognized and respected in the social sphere, sharpening in the child case. Therefore, this essay has the primary objective, to elucidate some new aspects about the tendency that deprives in the sphere of international and human rights around the recognition of the right to identity of the child gender, with base in three issues: the integral approach of children’s rights, the paradigm of the child dealing role, and the acknowledgement of the non-pathological principle of the gender diversities, starting from the revision of the multilevel legal instruments and some literature sources specialized in the field.