Criminal protection of gender identity from gender transformation

Abstract

This research addresses the issue of criminal protection of gender identity in the context of gender transition, a topic that has sparked significant legal and social debate in recent years. The importance of the study lies in the fact that gender identity is considered a fundamental personal right, touching upon human dignity and individual autonomy. Therefore, it requires special legal protection, especially in light of the advancements in medical and psychological sciences that have led to increasing cases of individuals seeking to change their gender. The study explores the tension between an individual’s freedom to determine their gender identity and the requirements of public order. It highlights the need for a balanced legal framework that respects human rights without compromising ethical values and social norms. It also examines the various reasons behind gender transition, whether psychological, biological, or social, and the legal challenges that arise from such transitions. The research further analyzes how different legal systems deal with this phenomenon, focusing particularly on Iraqi law, which still lacks explicit provisions regulating gender transition. This legal gap often leaves room for inconsistent judicial interpretations and discretionary rulings. The study also compares the Iraqi legal position with that of selected Arab and foreign legal systems to identify potential solutions that respect both legal principles and human dignity. The ultimate aim of the research is to emphasize the necessity of developing clear legal texts that offer effective protection for gender identity and prevent abuse, within a legal framework that balances individual rights with public interest.