Article 16

Official text

All individuals are entitled to the unrestricted development of their identity without limitations other than those imposed by the rights of others and the legal order.

Legal commentary

Interpretation

This article establishes the right to free development of personality (autonomy). The Constitutional Court has used it to uphold personal autonomy in decisions on personal drug use doses (C-221/1994), gender identity, and sexual orientation. Unlike the US Constitution which lacks an explicit autonomy right, this provision provides direct constitutional grounding for personal liberty beyond specific enumerated rights.

Consulted sources

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