Italy: Supreme Court rules against sterilisation requirement

The Italian Supreme Court has ruled that medical intervention and sterilisation is not necessary for having one’s gender legally recognized.

A 45-year old trans woman who had been living for 20 years as a woman had been denied the recognition by the court of Piacenza. Basis for the denial was a strict interpretation of Law 164 from 1982 (later modified) that requires more or less invasive reassignment surgery (up to state of the art reconstruction) or at least permanente sterilisation. The Supreme Court clarified now that mandatory genital surgery cannot be justified by a public interest in establishing certain genders. It recognized that the intervention in primary sex characteristics of a person can only be considered as ‘necessary’ if the trans person considers it. Read More