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Psoe document against gender identity
ARGUMENTS AGAINST THEORIES WHO DENY THE REALITY OF WOMEN
Sex is a biological fact and gender is a social construct.
- Sex is a biological fact. It refers to the bodily, biological and physiological characteristics that define and differentiate human beings as men and women. The sex that women are born with determines their place in the world, from which the space they occupy and the way they do it is constructed and delimited. It determines the rights and degree of citizenship they have, and in the most extreme cases, even the fact that they are attacked, harassed and killed.
- The gender is the social construction of the biological sex one is born with.. That is to say, the set of social and cultural roles, tasks, stereotypes... which are differentially assigned to men and women and which shape expectations and opportunities.. Gender establishes the sexual division of labour (productive for men and reproductive for women) and space (public for men and private for women), and implies a preponderance of the masculine over the feminine.
- The genre is an analytical tool that is now being used by certain movements to replace the very concept of gender. If gender replaces sex, it blurs the situation of structural inequality between women and men. It is a category of analysis that implies the oppression, inequality and subordination of women to men. For this reason, we feminist socialists demand its abolition in order to achieve women's emancipation.
- Women are killed for being born women, girls suffer genital mutilation; because they are born women they are socially assigned the responsibility of care; because they are born women they are forced to marry or their individual will is curtailed, because they are born women they are denied the right to vote, prevented from accessing resources and suffer the highest rates of poverty or precariousness, etc. This structural inequality that gender presupposes is the basis for discrimination, sexist violence and the lack of full recognition of the citizenship of women and girls.
- Denying sex denies the inequality that is measured and constructed on the basis of this biological fact.
The interested manipulation of 'sexual or gender identity'.
- Identity sexual is a well-established term that defines how a person feels about his or her body and whether or not there is a correspondence between the biological sex with which one is born and that with which one feels identified. When this is not the case, it is what is known as transsexuality.
- Identity by genre, a more recent term, is independent of biological sex and does not present a disagreement with it, i.e. one can feel female with a man's body, or vice versa.
- These terms have been used in different areas: Law 3/2007, of 15 March, which regulates the registration of the rectification of the mention regarding the sex of persons, speaks of "gender identity". The ruling of the Constitutional Court (99/2019, of 18 July 2019. Question of unconstitutionality 1595-2016) speaks indiscriminately of "sexual identity" and "gender identity". Similarly, the laws of the autonomous communities on equal treatment and non-discrimination use both terms. It appears in the European Union, in the Istanbul Convention itself, Article 4.3, and the UN Women includes it in many of its texts.
- Although the concepts of sexual identity or gender identity are not strictly the same, they have been used undifferentiated in legal texts and other documents at national and international level. Recently, an interested use (by queer activism) is gaining ground in academic spaces and in some social movements around the use of both terms and with the incorporation of new ambiguous concepts. The consequences of the confused manipulation of these terms are putting the legal concept and the political subject 'woman' at risk.
- Therefore, it is important to distinguish between its use as a condition of non-discrimination and a guarantee of the free development of the personality and dignity of the person and, on the other hand, the legal implications that can be determined by the interested use of these concepts by certain groups that feel attacked by the word 'woman' and even demand that it be eliminated, thus denying the reality of women.
- The Socialist Party's commitment to transgender people and the struggle to achieve their rights is unquestionable. We embrace their demands for full consideration of their rights of citizenship and non-discrimination.
- It is not a question of questioning whether a person feels like a man or a woman, regardless of biological sex or the physical appearance they wish to manifest, but how a feeling and its expression - especially when it is not stable over time - translates to the legal system and what the implications of doing so are.
- How is the transient expression of a feeling legally recognised and accredited? Respect for the individual rights of trans people must be implemented within the framework of the principle of legal certainty.
- We are against positions that advocate that people's feelings, expressions and manifestations of will automatically have full legal effect. The so-called "right to self-determination of sexual identity "or" right to sexual self-determination" lacks legal rationality.
- In order to have full legal effect, there must be a duly accredited "stable transsexual situation", as established in Law 3/2007, of 15 March, regulating the rectification of the registration of the mention of the sex of persons and other more recent regional laws relating to rights, equal treatment and non-discrimination towards the LGBTI community.
The practical risks of theories that change the definition of women and deny their reality.
If it is enough for a man to express at a certain moment that he feels like a woman, without any other consideration:
- How does it affect the collection of statistics? Statistics are broken down by gender and are essential to know the problems (wage and labour inequality, the feminisation of poverty, the glass ceiling, sexist violence...) and to determine public policies to address them.
- How does the law affect gender-based violence? Could a male abuser say that he feels he is a woman and therefore not be judged for this crime?
- How does it affect policies on equality and balanced representation?
- How does it affect access to resources and services such as reception centres, detention centres?
- How does it affect participation in sports events and competitions?
Women are not an identity
- Women are not an identity or an essence. They do not constitute any collective. Women are more than half of humanity. The sex they are born with determines their place in the world, according to which the space they occupy and the way they do it is constructed and delimited. Sex determines the rights and degree of citizenship they can count on, and in the most extreme cases sex also determines whether they can live without being beaten or killed. Feminism fights for equal rights for women and men, for women's full citizenship and emancipation. The political subject of feminism is women.
- Anti-discrimination and inclusion policies are an obligation for democracies. And they cannot be used illicitly or as an alibi to undermine the achievements in equality between women and men. As socialists, we advocate that such equality and respect for diversity make for better democracies.
- Activism queer obscures women as political and legal subjects, undermining rights, public policies of equality between women and men and the achievements of the feminist movement.
- From the Socialist Party we express our consideration and respect for transgender people and our commitment to provide coverage and legal security for their needs.
- As socialists we will defend feminist positions and pass them on to legislative initiatives during the parliamentary process.
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