Il riconoscimento delle nuove soggettività e il limite del binarismo di genere nella prospettiva costituzionale

This contribution aims to investigate the possibility of the Italian constitutional system recognising new forms of subjectivity that go beyond the gender binary. The analysis commences with an exami- nation of the claims for full affirmation of identity advanced by non-binary and intersex people. This is followed by a deepening of the definitions of the concepts of ‘gender identity’ and ‘sexual identity’. Finally, the scope of the right to gender identity outlined by constitutional jurisprudence is ques- tioned. The article seeks to demonstrate that the gender binary does not represent a constitutional lim- it for the legal system and that it is possible to establish a third gender. In conclusion, the contribution puts forward some de iure condendo proposals aimed at overcoming the gender binary.