Género fluido no binario en documentos de identidad de Chile

The purpose of this article is to analyze the use of the category of fluid or non-binary gender in the identification system in Chile, with the aim of demonstrating that – according to its hypothesis– it is not possible to recognize this category in the framework of the norms that admit sex and name changes due to gender identity. Within the parameters of Chilean legislation, fluid or non-binary gender could be qualified as gender expression, protected by freedom of expression, but insufficient for registry changes of sex and name. The consequences of the hetero-normed parameters of Chilean legislation are examined according to an analytical-jurisprudential methodology and, with this, the construction of sex is contextualized according to socio-cultural identities that exceed the moderation molds of the hetero-normed matrix. To achieve this, a dogmatic and jurisprudential methodology is used, based on the methodological rules of legal science. This method will allow us to study teleologically, grammatically and systematically the concepts of identity and gender expression in relation to the request for change of sex and name in identification documents.