vol 24 no1,2024

Transitioning gender and its impact on labor relations in Jordanian law (A comparative study)

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Transitioning gender and its impact on labor relations in Jordanian law

(A comparative study)

Abstract:

The research shed light on the phenomenon of transgenderism and its impact on labor relations. The studying this topic is of great importance due to the absence of Jordanian legislation regulating this matter, despite its widespread prevalence. The significance of this study lies in its attempt to explore solutions and proposals that contribute to establishing a specialized legal framework for transgenderism procedures, aiming to gender correction.

Studying this topic necessitates elucidating the legality of gender transitioning and its impact on labor relations while clarifying the judiciary's stance on the matter. The researcher employs analytical and comparative methodologies, examining the positions of law, judiciary, and legal jurisprudence in order to analyze and extract pertinent judgments.

The researcher concluded that transgenderism procedures are divided into two categories: gender correction and gender change. Jordanian legislation permits the former but not the latter. Moreover, gender correction procedures have significant legal implications for the individual in the workplace, particularly when the correction leads to a heightened feminine aspect over masculinity.

The researcher arrived at a set of recommendations, foremost among which is the necessity for the Jordanian legislator to establish legal frameworks regulating gender correction procedures, rather than merely defining them. Additionally, it is imperative to introduce a specific provision in the labor law that grants individuals who have undergone gender correction the right to rectify their legal status within the establishment where they are employed.

Keywords: Gender reassignment, Gender correction, Gender change, Gender identity, labor relations.

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