Geopolitics & Public Affairs
Brands & Behaviors
- Non-binary identities have appeared throughout legal history, challenging the idea that they are a recent phenomenon.
- Courts increasingly acknowledge the rights and well-being of non-binary people, but often leave major reforms to lawmakers.
- New sports eligibility rules are shifting the debate from gender identity toward biological and genetic criteria, raising legal and ethical questions.
In this Breakthroughs podcast, HEC Paris law professor Matteo Winkler discusses his recent research on the legal history of non-binary identities. He also explores what it reveals about contemporary debates over sex, gender, and law.
Drawing on a recent article inspired by a ruling of the Italian Constitutional Court, Winkler argues that people who did not fit neatly into male or female categories have long existed in legal and social history, from the ancient world to colonial India. He explains how courts and lawmakers continue to grapple with questions of recognition, often treating non-binary identities as a new challenge despite a much longer historical record.
The conversation also examines the latest developments in the Caster Semenya case and the growing use of genetic criteria in sports eligibility rules. Winkler discusses the legal, scientific, and ethical questions raised by these approaches, as well as the broader implications for how modern societies define sex and gender.
Finally, he presents the new edition of The Dark Side of Arbitration, co-authored with his mentor Ugo Draetta. Ten years after its first publication, it explores the practices, incentives, and behaviors that shape international commercial arbitration behind the scenes.
Sustainability & Society
Economics & Finance
