ABSTRACT

This chapter examines the origins of the campaign for gender rights, and the implications of its success. It effects a critical examination of what legal recognition of rights to 'gender' means for women in general. The chapter also creates the situation that a man may, with the aid of a certificate recognizing him as a woman, enter women only spaces, which happened in relation to women's prisons in the UK. It examines the implications of enabling men to exercise their 'gender rights' to enter spaces in which women are particularly vulnerable women's toilets and women's prisons. The creation of the right to 'gender identity' creates a 'clash of rights' in which the rights demanded by one group of people can substantially endanger the rights of another group. As a result, gender, which consists of traditional stereotypes of appropriate behaviour for men and women that regulate male domination and women's subordination, has become a matter of state.