La tensione tra autonomia e protezione nella tutela dei minori gender variant

Di Rachele Zamperini -

Gender-variant children are often ignored by national legislations on gender reassignment. For this reason, the examination of the case law is essential to understand how the law deals with their special needs. This paper aims to analyse some relevant issues emerging from the High Court decision on the Bell vs Tavistock case. First, it focuses on informed consent as a mean to enhance the autonomy and self- determination of children. Then it highlights which kind of problems arise from the Court application of the best interests of the child principle to the case. Finally, the High Court decision is compared with the Italian case law on that matter. Notably this last part seeks to address how courts from different jurisdictions strike a balance between the support of children’s autonomy and their particular need of protection.