Resisting Gender Recognition in Poland: A Process of Social Exclusion

Abstract

This paper demonstrates that in Poland, a democratic state emphasizing the rule of law and equality under the law, we are dealing with the phenomenon of social (through legal) exclusion of transgender citizens. The paper presents the draft Act on Gender Recognition vetoed by the President of the Republic of Poland and the controversy associated with this fact. In addition, the consequences of the current legal status of transgender people in Poland, such as chronic and humiliating court proceedings and limited access to the health care system, have been identified. The paper attempts to demonstrate the indispensability of legislation in the field of gender recognition for the dignified, equitable social functioning of people with mental and biological gender incompatibility.

Legal gender recognition in Turkey

“…In fact, there is strong empirical evidence of the significant positive impact of legal gender recognition on social and psychological well-being of transgender people (Moleiro and Pinto, 2020). National legislations are critical for gender recognition since their social function to provide equality among citizens and protect human dignity, in fact, legally excludes transgender people, and supports the existing social exclusion (Makarewicz-Marcinkiewicz, 2019). Therefore, the law inevitably becomes important with its power to either preserve social norms or construct new ones.…”