Gender identity and child protection

Abstract

Gender identity is a fundamental right of the individual, including minors, which requires protection, particularly in relation to the recognized right of the individual to selfdetermination based on their personal beliefs. The issue of self-determination raises, among the numerous challenges linked to the full and effective exercise of this right, the legal relevance of a minor’s capacity for discernment. This aspect calls for more nuanced protection, especially when the minor is close to reaching the age of majority (so-called «older minors»). This contribution aims to examine the evolution of the legal system, transitioning from a patrimonial perspective – typical of private law – where the exercise of a minor’s personal rights was legally irrelevant, to a framework recognizing their capacity for self-determination, particularly in the case of older minors. In this context, significant importance is attributed to art. 473-bis.8, par. 1, lett., d), c.p.c., recently introduced by the civil procedure reform. This provision grants minors aged fourteen and above the right to request the appointment of a special curator in cases of conflict with their parents. By providing a general remedy for the protection of a minor’s fundamental rights, this rule has considerable cultural and social significance