Cosa resta della legge n. 164/1982?

The article examines the meaning of the right to self-determination of gender identity. The constitutional jurisprudence that has developed regarding the application of Law No. 164/1982 has progressively softened its rigid regulatory framework, excluding the requirement of surgical conformity of primary sexual characteristics. Recently, with ruling No. 143/2024, the Constitutional Court has limited the judicial authorization for the execution of surgery. However, case law highlights new is-sues and protection requests (the condition of patients undergoing transition, the preservation of reproductive capacity, or the authorization of gender therapy for minors), which call for an update of sector-specific regulations, pushing towards a reconsideration of the judiciary’s functions.