Original scientific paper
Meaning of the term „gender” and its application in Croatian legal order
Danijela Rupčić
orcid.org/0000-0001-5348-7447
Abstract
This paper presents the development of socio-cultural theories of sexual identity that have influenced the formation of different cultural patterns and attempts to change the legal orders. By multidisciplinary analysis the necessity of a correct interpretation of terms is pointed out in order to prevent the implementation of narrow cultural patterns, which cannot reach the wider levels of universality. By incorrect interpretation of the term gender and by introducing the phrase gender identity, such implementation is being realized in the provisions of the so called Istanbul Convention, as well as in Croatian laws, especially through the realization of a new right to life in another gender identity by which sexual identity is replaced with gender identity in the Croatian legal order. The aim of the paper is to set apart the meaning of the term gender for the purpose of achieving gender equality and to determine the limits of its interpretation without ideological interventions into the anthropological foundations of human identity. It is important to point out the necessity of separating its purposeful use from the phrase gender identity, because, by its implementation, an ideological intervention into legal order is definitely carried out.
Keywords
gender; sexual identity; gender identity; right to life in another gender identity; Istanbul Convention
Hrčak ID:
203946
URI
Publication date:
1.7.2018.
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