Teoria e pratica dei diritti umani: i transessuali e la normativa comunitaria

The philosophy of law cannot only refer to the interpretation of the rule and the interpretation of the relationship, which exists between the rule and the fact from time to time. It must also refer to the judgments of the courts of justice, especially to those supra-national courts whose legitimacy is rooted in Treaties or Covenants and whose decisions are binding for member States as well as for individuals. The judgments I analyze in this paper are not just prophecies: they are mainly an undeniable and unconditional recognition of the rights, which belong to transsexuals as human rights. Without human rights, the philosophy of law is likely to remain in a maze.