Saturday, February 15, 2020
How far has law moved away from binary understandings of sex and Essay
How far has law moved away from binary understandings of sex and gender Critically discuss with reference to AT LEAST one aspec - Essay Example In the years where the feminist movement was strong, the clamour for laws in relation to gender discrimination was very much significant. In the years which followed said movement, civil provisions were implemented, primarily those seeking to prevent the proliferation of abusive and discriminatory gender-based acts. This paper will now discuss how far the law has moved away from binary understandings of sex and gender. It will critically discuss this issue with reference to the understanding of sex and gender and the gendering of the body. This essay is being carried out in order to establish a thorough review of available studies on gender bias and legal processes which seek to prevent and manage its manifestation. It is also being carried out in order to provide this student a detailed understanding of the available legal processes which have been put in place in relation to gender-based issues and activities. Body The terms sex and gender are often interchanged in their use or app lication. Even if they may refer to similar things, they actually refer to various aspects in a personââ¬â¢s life1. Sex is the anatomical difference between the sexes largely based on how they have developed from birth and to the personââ¬â¢s adolescent years. ... Under these conditions, the social constructs and gender expectation indicate that males are expected to play rough, and females to have a gentler and more refined side4. Males are expected to be physically strong and to play with cars and toy soldiers; females are expected to be physically weak and to play with dolls and non-violent games. The different interpretation and understanding of gender is the main issue for this essay. The current laws are varied based on the countries and the type of societies involved. In the international sphere however, the United Nations has set forth primary laws which are aimed towards protecting the rights of women, veering away from the binary understandings of sex or specific gender descriptions and roles5. The extent to which the law has moved away from binary understandings of sex and gender is a matter which can be evaluated based on specific topics, including the sexing of the body through male and female circumcisions and the sexing of the c hild. When considering the importance of legal gender, it is important to address different questions that help ensure its significant understanding. Some of these issues are legal by nature and others refer to more social considerations6. The current UK laws on legal gender recognize the male and female designations of individuals which are required for UK birth certificates7. These designations indicate legal sex and gender. These designations are also founded on sexual or anatomical considerations. A legal precedent in the UK on gender refers to the Corbett v. Corbett case in 1970 where the husband of a transsexual named April asked the courts to nullify their marriage because April was legally a male at
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