In 2001 a young man appealed to the competent military authority
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In 2001 a young man appealed to the competent military authority, against the deemed suitability for military service. Subjected to a visit to review the eligibility exam, he declares to be homosexual and is judged not suitable by the military hospital to carry out the compulsory military service, as he is suffering from "sexual identity disorder". Subsequently, the Military Hospital communicates to the Civil Motorization that the plaintiff, due to the diagnosed disorder, appears to be "not in possession of the psychophysical fitness requirements legally required for driving vehicles". Therefore, the DMV provides for the revision of the driving license pursuant and, upon completion, recognizes his eligibility to hold the title for only one year.
· Hence an appeal to the Regional Administrative Court for the annulment of the provision of the Motorization flawed by violation of the law. At the same time, the ordinary Court is referred to for compensation for the damage suffered.
Sexual Identity, Sexual Orientation And Gender Identity
The sentence that is noted concerns issues of considerable social and legal depth. For the first time, not only is a homosexual person's right not to be discriminated against because of their sexual orientation recognized, but also their right to be compensated for the non-pecuniary damage suffered as a result of the discrimination suffered. The can be of great help in these matters now.
The recognition and protection of the rights of homosexuals and transsexuals have only become the object of study and intervention by law in the last decades. Although being homosexual did not constitute a crime already in the penal code and subsequently in the current Rocco code, positive law had never been interested in the homosexual person as a subject of law and rights.
Social Lacking
What was lacking, both in law and in society, was the complete elaboration of homosexual subjectivity itself, the consistency of which was largely reduced or identified with homosexual acts or practices according to an attitude that existed in the past, but in truth not completely disappeared yet. Today Practices as such were considered a private fact, which did not concern criminal law,but they were nevertheless considered morally unbecoming or socially unacceptable by those who believed that homosexuality was a pathology.
Homosexuality disappeared from the American Psychiatric Association's list of psychiatric diseases only in 1973, followed by the World Health Organization in 1993, and by the Japanese and Chinese psychiatric associations, in 1995 and 2001 respectively.
Conclusion
The word homosexual is often considered insufficient to express the complexity of the values, needs and dignity of a gay or lesbian person, burdened as it is with the stereotypes of the century in which they were born. Some prefer the expression homoaffective person, but the word homosexual is too widespread in common language and has not yet been replaced. This is obviously not just a formal question, but a question to which legal practitioners above all are called to pay close attention. In fact, in practice, as also emerges between the lines of the sentence in question, there is still a lot of confusion in distinguishing and correctly referring to different personal conditions.