Trans Justice Fights Trans Moral Panic

Mestre i Mestre, Ruth M. ^[1]
1. [1] Universitat de València
  
  Universitat de València
  
  Valencia, España
Localización: The Age of Human Rights Journal, ISSN-e 2340-9592, ISSN-e 2340-9592, Nº. 18, 2022, págs. 59-81
Idioma: inglés
Enlaces
- Texto completo

Resumen
- Between the summer of 2019 and the summer of 2021, a violent discussion about trans rights took place in Spain. This paper argues that the discussion can be understood as an instance of ‘social problems work’, more specifically as part of a moral crusade or a moral panic episode. Implicit in this is the idea that there has been an over-reaction to trans recognition and trans equality laws, publicly presented as a major social problem. This paper also provides legal arguments against the fears voiced in the discussion, by summarizing relevant ECHR case-law that agrees with an alternative feminist account of trans rights that de-pathologizes gender-identity self-determination. The paper thus suggests that a ‘cultural war’ over gender identity has been ignited and has yet to be fully fought and won.