In judgment No. 143, decided on 3 July and filed on 23 July 2024, the Italian Constitutional Court addressed two questions referred by the Court of Bolzano. Their outcomes must be distinguished.

The question concerning non-binary identity

The Court declared the constitutional questions concerning Article 1 of Law 164/1982 inadmissible. It recognised the constitutional relevance of the situation of people who do not identify within the gender binary, but did not introduce a third sex designation in civil records. Such a change involves broader choices for the legislature.

The limit to judicial authorisation for surgery

The Court declared Article 31(4) of Legislative Decree 150/2011 unconstitutional insofar as it requires judicial authorisation for medical and surgical treatment even where the same court considers changes in sexual characteristics that have already occurred sufficient to grant the application to rectify the recorded sex designation.

The ruling is limited to that situation; it does not generally abolish judicial authorisation. Its reasoning distinguishes recognition of personal identity from the need for further surgical treatment.

The scope of the decision

The judgment therefore requires a distinction between non-binary recognition in civil records, which calls for legislative action, and protection of health-related self-determination in the specific situation identified in the operative ruling.

Official sources: Corte costituzionale.