DOI: 10.1177/02610183261478588 ISSN: 0261-0183

The legal vanguard paradox: Recognition politics and structural injustice in transgender policy regimes in Canada, Denmark, Norway and Uruguay

Margarita Bernales Silva, Javiera Ormeño-Orellana, Dayann Martínez-Santana

This article investigates how national policy frameworks in Canada, Denmark, Norway, and Uruguay conceptualise transgender inclusion, justice, and state responsibility. Through a comparative documentary analysis of national action plans, it explores tensions between legal recognition and structural justice in countries regarded as global leaders in transgender rights. The findings indicate that advanced legal recognition can coexist with persistent inequality, discrimination, and exclusion. Canada, Denmark, and Norway place greater emphasis on recognition, protection, and institutional inclusion, whereas Uruguay integrates these approaches with a greater focus on historically situated responsibility, structural transformation, and reparative commitments. The article introduces the concept of the legal vanguard paradox to elucidate these tensions.

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