Judgment of 23 July 2024, No. 143: Recognition of Non-Binary Identity and Health Self-Determination
The recent judgment of the Constitutional Court No. 143 of 2024 has raised important issues regarding the recognition of non-binary gender identities and the regulation of medical-surgical interventions for their adjustment. In particular, the Court ruled on Article 1 of Law 14 April 1982, No. 164 and Article 31, paragraph 4, of Legislative Decree 1 September 2011, No. 150, highlighting how current legislation does not adequately respond to the needs of people who do not identify with a binary gender.
The Case of L. N. and the Request for Rectification
The Court of Bolzano raised questions of constitutionality following the request of L. N., a person with a female registered sex who identifies as non-binary. In fact, current law does not provide for the possibility of rectifying sex assignment to a gender other than binary ones, thus limiting the recognition of gender identity. The Court therefore highlighted how the current regulatory system can infringe upon fundamental rights to health, personal identity, and dignity.
The impossibility of assigning non-binary gender in rectification infringes upon the person's social identity, their health as psychophysical well-being, and respect for their private and family life.
The Authorisation Regime for Surgical Interventions
The Court declared the illegitimacy of Article 31, paragraph 4, of Legislative Decree No. 150 of 2011, which provided for court authorisation for interventions to adjust sexual characteristics. This requirement, according to the Court, is unreasonable as it does not take into account the patient's self-determination and health needs. It emerged that judicial authorisation is not necessary when modifications to sexual characteristics have already been carried out and deemed sufficient for rectification.
- Recognition of non-binary identities
- Self-determination in medical treatment
- Critique of the current regulatory system
Conclusions
Judgment No. 143 of 2024 represents a significant step towards the recognition of non-binary identities and the protection of the rights of transgender people. It underscores the importance of legislative updates that can adequately respond to the needs of an evolving society. It is essential that the legislator takes these demands into consideration to ensure a more inclusive legal system that respects the dignity of every individual.
