Ser ou não seros limites da autodeterminação de identidade e a dialética do reconhecimento

Resumo

In 2018, Dutch citizen Emile Ratelband requested that his country's judiciary system reduce his age by twenty years, from 69 to 49 years. Ratelband compared his case to that of transgender people that require legal sex and name changes. Similar concerns have been raised by other reports in the media: a white woman who self-identifies as black; another who sees herself as paraplegic, although she can walk; a man who recognizes himself neither as a man nor as a woman; a group of people who do not even conceive themselves as human beings, among others. While different, they all deal with the same problem: the limits of a supposed right of self-determination of identity. The court that ruled Ratelband’s case did not find a resolution for this issue. This paper aims, therefore, to investigate the foundation, content and, in the end, to distinguish the case for legal age change from cases involving race and gender and to find limits to the right of self-determination, starting from the deconstruction of the answer given in Ratelband’s case. It begins by examining, first, the origin of the right to self-determination: the fundamental tension between what one is and what the state allows one to be. Then, there follows an extensive analysis of the content of this right, which goes through its position in the much larger debate on identity recognition, a possible definition, concepts of self-determination in race and gender cases to, finally, differentiate them from Ratelband’s case. At last, the purpose is to delimit the right of selfdetermination by its own definition, and not by external factors. This paper concludes that the right of self-determination, if unlimited, inhibits itself, which makes the notion of limits essential to this right. However, its foundation tends to reject the notion of limits, which leads to a process of internal contradictions, here referred to as the dialectics of recognition.

Ficha do documento

Tipo

Outro

Ano

2020

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/29703

Palavras-chave

RatelbandIdentityRecognitionSelf-determinationIdentidadeReconhecimentoAutodeterminaçãoDireitoReconhecimento (Psicologia)Autonomia (Psicologia)