Constitutional protection of the rights of LGBTI persons

Abstract

The last decades of the twentieth century witnessed a significant advance in the protection of the rights of LGBTI people. In this recognition, an essential role has been played by the constitutional courts, as well as by supranational courts like the European Court of Human Rights. This progress, however, has not been the same in every country, and in some, there has even been a reaction against the recognition of the rights of this collective. From the legal perspective, the instruments approved have been very diverse, and most of them have the limited effectiveness of “soft law.” Constitutional debates have been based on the principles of equality and non-discrimination, dignity and respect for private life. Among the most controversial questions, one should highlight the right to marriage, gender identity and, to a lesser degree, intersexuality.