The Limitations of Fundamental Rights and Respect for Their Essential Content in the Affective Relationships of Transgender People

Abstract

This paper aims to address the issue of the limitations of fundamental rights and the respect for their essential content in the context of the affective relationships of transgender people. Drawing on Italian constitutional case law on the subject, it seeks to identify the irreducible core of rights that are subject to limitations. The analysis of this constitutional clause is carried out from a comparative perspective, examining the Spanish constitutional experience and the case law of the Court of Justice of the European Union.