Those who change sex have the right to choose their name

Those who change sex have the right to choose a new name, without being satisfied with the change of ending - from male to female or vice versa, depending on the sexual transition - of those had at birth. The Cassation underlines this by affirming that the name is "one of the inviolable rights of the person", an "irrepressible right", and in the choice - by those who ask for a new identity to "register" the change in sex - must "be ensured also a right to be forgotten, understood as the right to a clear break with the previous identity ". So the Supreme Court accepted the request of a former man, Alessandro, residing in Sardinia, who did not want to 'rename himself' Alessandra, as decided by the Turin Court of Appeal, but had chosen the name of Alexandra.

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For the Piedmontese judges there are no preconditions for "a voluptuous desire to change the name" and one must be satisfied with "that deriving from the mere feminization of the previous one". The ermines who gave the go-ahead to Alexandra are of different opinion. "In acceptance of the appeal - the verdict 3877 provides - the contested sentence must be dismissed at the point of consequential correction of the name and, deciding on the merits, the registrar of the Municipality of Cagliari must be ordered to rectify the birth certificate in the sense that, together with the rectification of the male to female sex, the nickname 'Alessandra' is reported, instead of 'Alessandro', providing the following notes ". It is a "novelty", the affirmation of the right to choose the name after the sexual transition, the same 'ermines' reveal, sharing the grounds of appeal supported by the lawyers Giulia Perin and Alexander Schuster, champion of the 'rainbow' struggles.

With this same verdict, the Court of Cassation reminds - as already stated by the Consulta in 2015 and 2017 - that to obtain the rectification of the gender identity, "the surgical treatment of modification of primary anatomical sexual characters" is not an "essential prerequisite ", once" the current sexual and identity characteristics no longer correspond to the sex attributed in the birth certificate ". In practice, the new identity document must also be issued in the event of non-completeness of the transition path from one gender to another, because what matters is the sexual characteristics that 'mature' during life and the appearance that is assumed. An irreversible change born in the operating room is not required.