Conditions of the recognition of the civil status of transexualand transgender people

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Abstract

The research purports to demonstrate that in Europe, and in particular in different systems such as the Italian and the English, very significant steps forward have been made in an attempt to elaborate a full and recognizable legal status in favour of transsexual and transgender people, with, at least hopefully, a clear identification of the content of their rights and duties.Italy has finally come to the conclusion that a combination of legislative measures, wholly consistent with judicial decisions both from the Corte Costituzionale and the Corte di Cassazione, was badly needed in order to give rise to a set of principles aimed at promoting transsexual and transgender persons’ aspirations and objectives to the higher rank of fundamental human rights, to be protected through their necessary enhancement when the occasion presents itself, as when a person, who has undergone surgery, seeking to get his/her sex changed, struggles to save his/her previous marriage from a declaration of nullity.A similar trend can be traced in the English common law, thanks to the wilful disposition of the House of Lords, in the first place, and the Parliament, in strict consequence, to follow the pattern of the European Court of Human Rights in the 2002 Goodwin case and accord the people in question a fair and reasonable treatment. In this sense a clear recognition of this new attitude is undeniably shown by the passing on the part of Parliament of the Gender Recognition Act 2004.In conclusion, one can look more optimistically than in the past to what the future holds in store for the purpose of reinforcing the legal protection and recognition of transsexual and transgender people.But, it should be observed that things have rapidly changed for the better and that the process does not seem to be possibly stopped or even slowed down.
Original languageItalian
Pages (from-to)473-491
Number of pages19
JournalANNUARIO DI DIRITTO COMPARATO E DI STUDI LEGISLATIVI
Publication statusPublished - 2018

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