Judgment of July 23, 2024, No. 143: Recognition of Non-Binary Identity and Health Self-Determination
The recent ruling 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 adaptation. In particular, the Court addressed Article 1 of Law No. 164 of April 14, 1982, and Article 31, paragraph 4, of Legislative Decree No. 150 of September 1, 2011, highlighting how current legislation does not adequately meet the needs of individuals who do not identify within a binary gender.
The Case of L. N. and the Request for Rectification
The Court of Bolzano raised questions of constitutional legitimacy following the request of L. N., a person with a female registered sex who identifies as non-binary. Current law does not provide for the possibility of rectifying the sex attribution to a gender different from the binary ones, thus limiting the recognition of gender identity. The Court therefore highlighted how the current legal system may infringe upon fundamental rights to health, personal identity, and dignity.
The inability to rectify the non-binary gender undermines the individual's social identity, their health as physical and mental well-being, and the respect for their private and family life.
The Authorizing Regime for Surgical Interventions
The Court declared the illegitimacy of Article 31, paragraph 4, of Legislative Decree No. 150 of 2011, which required court authorization for interventions to adapt sexual characteristics. This provision, according to the Court, is unreasonable as it does not take into account the self-determination and health needs of the patient. It emerged that judicial authorization is not necessary when the modifications of 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 legal 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 individuals. It emphasizes the importance of legislative updates that can adequately respond to the needs of an evolving society. It is essential that lawmakers consider these demands to ensure a legal system that is more inclusive and respectful of the dignity of every individual.
