Gender Identity - Birth-Assigned or Self-Determinated? A Perspective in Light of Personality Rights and European Human Rights Standards

Gender identity constitutes a core dimension of personal autonomy and human dignity in contemporary private law. The legal recognition of gender identity directly affects elements of civil status, including the individual’s name. Romanian civil law currently lacks an explicit and coherent procedural framework in this area, a shortcoming that has resulted in inconsistent judicial practice and divergences from European legal standards. This article adopts a multidisciplinary approach to gender identity, with particular emphasis on its relationship with the name and the right to respect for private life, while also examining relevant domestic and international jurisprudence. Furthermore, the paper advances de lege ferenda proposals aimed at ensuring effective legal protection of private life, human dignity, and legal security.