Access to justice and the right to sexual diversity, gender and sexuality

This article addresses, as a general topic, the access to justice and the recognition of the right to sexual diversity, with a particular emphasis on the strategic use of law. The first part revisits the discussion about the definition of access to justice that was analyzed in previous texts (Begala and Lista, 2002; Lista, 2010; Lista, 2011). A distinction is made between the formal and substantive approach, to adopt the latter as the theoretical framework of the work. The following analysis is focused on the struggle of the LGBTTTI community for their rights, which led to the Marriage Act N degrees 26,618, and on some of the existing and potential consequences of its entry into force. From this, the distinction between objective, subjective and symbolic obstacles of the access to justice, in general, is briefly mentioned to address, in particular, the challenge posed by the trans issue. Using data from interviews to male and female lawyers who are sexual diversity activists, some of those obstacles are analyzed, with a particular emphasis on those related to the professional-petitioner relationship; the empowerment of the latter for their involvement in the defense of their rights; the language as a barrier and as a strategic resource; and the attitude of employees, officials and judicial officers. In the conclusion, some implications of the legal recognition of minority rights are highlighted, and attention is drawn to the possible unwanted consequences of such recognition in connection with the continuity of the progress made.