Interpretation of the law during humanity
The history of humanity has been greatly dyed due to the struggle of inequalities. Slavery, racial discrimination, inequality between men and women are some of the social problems that have been struggling strongly. However, discrimination due to sexual orientation and more especially the struggle for gender identity is perhaps one of the most backward battles in history to build a less unequal society?
This problem is not an isolated fact of others. Since there is knowledge of the oldest civilizations, gender inequalities, skin color, etc. They have marked the social order. To say that it is not a problem isolated from other inequalities is not a utopia, since, if we analyze it deeply not only it is still a variant of discrimination against homosexuals, but it is also a variant more than gender inequality, such asinequality between men and women. It is still a denial of the binary system-woman system. The abuse of a trans woman is still the abuse towards a woman.
Despite the great legal conquests in the world and in our country with the Equal Marriage Law and the Gender Identity Law, trans people and more especially trans women do not have the same access to a job as other people. It is unpublished even to see a trans person attending in a supermarket, in a real estate, in a bank, being a police;being marginalized to exercise prostitution and without practically many more options than to exercise this activity.
The total decriminalization of abortion, because in reality it is already decriminalized for certain cases although this is not complied with in practice, it is still an inequality of gender, a debt that society has with women, and that is difficult to understandfor many. At present, the poor woman who does not have the money to pay it in a good clinic is more dangerous, than a woman with money that can be treated in a better place.
At this point I am interested in mentioning about the egological theory of Carlos Cossio. “This stressed that in the production of Kelsen there are a set of issues that are derived directly from the notion of regulations understood as mere copula logic that is expressed with the verb must be. The egological theory notes that this starting point concerns a new propositional copula, which from there advances to the other topics by simple deductive derivation and that in all this things are presented with direct evidence to the extent that the same themes consentA formalization patent. Thus you can speak with absolutely unequivocal terms of a logic of duty to be that appears as a formal legal logic in the field of dogmatic science of law."
Thus, in this necessary must be of the right, what the human being tends to do, establish models, standards to follow and comply with. And trans people do not comply with this duty to be.
Religions are other large focus of rigid, strict models of duty to be. They only admit one type of family, turning their backs on other realities.
“Homophobia finds its very clear expression when homosexuality horrifies us and we believe that it is disease or perversion and therefore we disqualify, submit to ridicule and shame to people, discriminate against them and attack them. We are homophobic people until when we make innocent jokes and make fun of the people and their condition. We are homophobic or lesbophobic sexists, especially when we stand in sexual inquisitors and punish we hostile and harm people for their homosexuality.
The first vital claim is that no human life is worth more than another. A second vital claim is not to accept that people are condemned to have a brief or miserable life for their nationality, their class, their sex, and their gender.
The political principle for the achievement of vital claims is individual and collective equity in opportunities to use vital abilities."
Now, legal equality is not the same as equal opportunities. While women have the same rights as men, this does not translate into the same labor possibilities. Much less trans women, trans people. In any case, you do not have to despise legislative advances in Argentina and in the world in gender identity and gender equality that have been achieved. From the law of female vote, equal marriage and the gender identity law, this last pioneer in the world, not demanding a surgical intervention.
But in the world still 69 countries penalize homosexuality even with death penalty, a number that scares. More than a third of the world still punish not fulfilling a duty to be. This may explain that even in the 21st century there is no international convention that protects people for their sexual condition or gender identity. We have treated with constitutional hierarchy as the International Convention on the Elimination of all forms of racial discrimination, the International Convention on the Elimination of all forms of discrimination against women, the Convention on the Rights of the Child. However, there is still no international treaty that Argentina can subscribe in gender equality and non -discrimination by sexual orientation. There is still no one and that is why we could establish some similarity to when slavery began to be abolished in many parts of the world but still continued in many others.
The day will come that trans people have the same possibilities as the others?
It still seems unthinkable to think that a president or head of an international organism is a trans person, as was a woman, without forgetting that it remains to achieve equitable parity in the charges.
QUOTES
- The egological theory of Carlos Cossio and the legal three -dimensionalism of Miguel Reale. – Marta Pisi de Catalini.
- Gender identity and human rights, the construction of the human – Marcela Lagarde.
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