Right to the subjective feeling of national identity
National identity can be defined as the subjective feeling of the individual to belong to a specific nation, to a community in which there are various elements that cohesive and make it unique, such as language, religion, culture, ethnicity, etc.(Talavera Fernández)
The concept of national identity has been closely related to that of State, and this in turn with that of Nation. The creation of national identity is an essential fact for the formation of autonomous countries and communities.
There are two types of national identities. On the one hand, the national community, in which the set of the elements that define it coincide with a specific state;And on the other hand, the states where these elements are diverse, and that sum does not exist, but in which, on the other hand, the feeling of belonging to a nation is generated, and in this case it is the National Destination Community (Talavera Fernández)
In sociological terms, identity can be defined as "the process by which social actors constitute the sense of action". (Castells)
However, in the specific case of Spain, the formation of national identity is defined, as a social process based on a constant change, within which there are numerous possibilities.
The Spanish national identity would be forged at a specific moment in the history of Spain, more specifically with the advent of the Austrias, with the creation of elements such as the monarchy, Catholicism or the Castilian language.
There are two identity forms referred to with national identity. On the one hand, those who feel identified with their nation, and on the other who identify with new national forms of identity, closer to the community, either identify with the status of the family or with institutions smaller than the State,as is the case of the Autonomous Communities.
It is considered that these two identity forms are related to the use of home language, that is, the one that identifies with Spanish nationality speaks Spanish at home and prefers a united Spain, while the one that identifies with its autonomous community will speakpreferably a vernacular language, and the one that identifies with the family will be closer to the usual use of the native language. To understand the concept of gender identity, we must understand the difference between "sex" and "gender". While "sex" basically refers to biological differences between women and men, "gender" also includes the social aspect of difference, that is, the behaviors and ideas imposed by society for each sex. (Hammarberg, 2009)
The "gender identity" is referred to the feelings, behaviors and tastes that a person has about himself, and can coincide with his sex of birth or not. Includes the change of the person in their appearance through surgery or the simple fact of changing the clothing. (Principles of Yogyakarta on the application of international human rights legislation in relation to sexual orientation and gender identity, 2007).
The right to gender identity is closely related to various human rights recognized by the National Constitution and by international treaties with constitutional hierarchy. His lack of recognition breaches the rights of freedom, personal autonomy, dignity and the principles of equality and non -discrimination.
7 years ago, the law was sanctioned to the universal gender identity that covered the recognition of this identity, the free development of the person according to their gender identity and to be treated in accordance with it;And in particular, to be identified with the name, image and sex with which she is registered.
In our country, by this sanction, people who wanted to modify their name and sex in their identification documents, had to initiate a judicial action, whose result was not always good. In this way, the effective exercise of constitutional rights depended on a method accepted by a judge.
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