The Inter-american Court of Human Rights Advisory Decision n. 24 / 2017:

the identity of gender as a core component of the dignity of the human person

Abstract

The article seeks to understand and single out the concept of gender identity. Amidst the confusion of concepts, prejudice is diffused on the basis of social and moral dogmas. As a form of confrontation, rights education and the intervention of the legal field in the recognition of the right to gender identity as a substrate integral to the dignity of the human person are necessary ways for a democracy that respects the right of minorities. Based on the paradigm of the Inter-American Court of Human Rights, published in Opinion Consultative n. 24/2017, the Federal Supreme Court places itself before another elementary decision to ensure that the process of self-identification develops free of judicial interference that stipulate surgical conditions or other requirements that violate the freedoms enshrined in the Federal Constitution and international treaties of humans rights.