The Hormonal Therapy in Teenagers Diagnosed with Gender Dysphoria as a Reflex of the Right to Personality’s Development

Abstract

Legislation primarily uses the age criterion to frame the capacity of exercise related to the acts of civil life and, consequently, the faculty to decide about matters of patrimonial and existential nature, indistinctly. Nonetheless, there are some decisions that, for being relevant to the development of personality and to the construction of identity, are sheltered by human and fundamental rights and, for that reason, represent unavailable and non-transferable rights. The research analyzes the existence and the limits of teenagers’ autonomy in the acts of own body disposition and its tension with the heteronomy of the State and the parents in the diction of what is their best interest. It is understood that the body integrates personality and constitutes an interest protected by human and fundamental rights, so that not a decision that impacts this field can be credited to a third part. The possibility of a teenager with identity and gender dysphoria to exercise corporal auto determination is analyzed. In this sense, the relation among body and autonomy is studied and the use of hormonal therapy in the treatment of GD is defended as a fundamental right to health. Finally, protective norms of teenagers, which concern this theme, will be analyzed to verify that the negation of hormonotherapy provokes a harm of personality rights to teenagers with GD, because it is incompatible to the demand of protection and care that they deserve, as far as it affects their best interest, specially in the existential field.