Gender identity as a civil right: Vanguard of Argentina, “underdevelopment” of Italy

In this paper we are interested in highlighting differences between Argentina and Italy about recognition of LGBT civil rights. Regarding this matter, Argentina is certainly one of the most evolved country of Latin America. In May 2012, the Argentine Senate unanimously approved a reform of Civil Code, which guarantees the right of recognition of gender identity change, allowing freedom to change sex on ID card. The small solution (the change of name and gender on ID card without need of surgery and subsequent ruling of the Court) in this country is a real solution. In Argentina, the government takes on also the expenses related to hormone treatments and surgeries recognizing that “... gender identity is an intimate and personal experience which can correspond or not with the sex assigned at birth”. The law is consistent with the previous one - passed in 2010 - that allows marriage to same-sex couples, the first one in Latin America. The comparison with Italy cannot stand up. In our Country is till unthinkable even to allow gay civil unions and an anti-homophobia and transphobia law. Referring to transgenderism, the Italian law 164 was established in 1982: 30 years ago! Transgender Italian Movement considers that law very restricting because it legally recognizes transgender people just after undergone Sex Reassignment Surgery. That is expression of social rejection of transgender identity. Italian law seems to deny the right of individual freedom as it recognizes transgender people as mental “disordered” and not as human beings with human rights. Surgery appears the only way to avoid becoming a dead hand.