Stefano Osella and Graziella Romeo on Something’s Wrong with Traditionalism: LGBTQI+ Rights in Comparative Perspective (AsJCL)

"Something’s Wrong with Traditionalism: LGBTQI+ Rights in Comparative Perspective"
Stefano Osella and Graziella Romeo
Asian Journal of Comparative Law
Published online: January 2026

Abstract: This article problematises traditionalist thinking in constitutional adjudication in relation to the rights of same-sex couples, especially those rights that are connected to family life. It identifies two approaches, represented respectively by the case law of the Italian Constitutional Court (ItCC) and the Court of Final Appeal (CFA) of the Hong Kong SAR of the People’s Republic of China. The ItCC has expressly stated that preserving traditional family forms is a reasonable objective per se for the legislature to pursue. The CFA, on the other hand, has challenged this approach to traditionalist thinking in relation to same-sex unions. Despite some contradictory signals within its case law, the CFA has stated that justifying differential treatment based on sexual orientation with reference to tradition is circular reasoning. Drawing on historical, anthropological, and philosophical sources, this article argues that invoking the preservation of tradition, despite its rhetorical force, is empirically and conceptually criticisable and, ultimately, unpersuasive.

RGC Awards $3.5 Million in Research Funding to HKU Law 2025/26

Congratulations to our five colleagues who were successful in the 2025-2026 round of research grant funding by Hong Kong's Research Grants Council (RGC). The three General Research Fund (GRF) projects that were funded cover a range of topics, from examining the impact of “revolving-door” judges in the Chinese judicial system to investigating China’s efforts to reshape public interest lawyering to exploring the relationship between China’s legal system, financial markets, and economic development. Two Early Career Scheme (ECS) project were funded to study the Integration of China's Patent System and Social Credit System, and introduction of statutory recognition of same-sex couples in Hong Kong. The details of the new funded projects are as follows:

GRF:
Professor John Liu
The Revolving Door in the Chinese Judiciary and Its Economic Consequences: A Quantitative Study, HK$1,064,000

Professor Ying Xia
Nationalizing Legal Mobilization: The Transformation of Public Interest Lawyering under Xi Jinping, HK$679,000

Professor James Zeng
China's Path of Law and Finance, HK$746,000

ECS:
Professor Taorui Guan
Big Data-Driven Governance: A Study on the Integration of China's Patent System and Social Credit System, HK$630,925

Professor Stefano Osella
Recognising Same-sex Partnerships in Hong Kong: Constitutional and Human Rights Perspectives, HK$406,816

Stefano Osella on A caring academia? Afterword to the Foreword by Gráinne de Búrca, Rosalind Dixon, and Marcela Prieto Rudolphy (ICON)

"A caring academia? Afterword to the Foreword by Gráinne de Búrca, Rosalind Dixon, and Marcela Prieto Rudolphy"
Stefano Osella
International Journal of Constitutional Law
Published online: January 2025

Abstract: This Afterword to the Foreword by Gráinne de Búrca, Rosalind Dixon, and Marcela Prieto Rudolphy aims to foster the debate on the recognition of care as a means to achieve gender equality in academia. Drawing inspiration from the ongoing revaluation of care across various disciplines, including constitutional law, the article emphasizes the importance of a cultural revaluation of care within academic institutions. It interrogates whether such a shift could favor a more equitable distribution of care-related tasks and foster a symbolic move toward values such as collegiality, reciprocal nurturing and support, and relationality. Finally, the Afterword asks whether such a transformation could be a crucial first step toward a more sustainable higher-education and research environment.

Stefano Osella et al on Gender Recognition at the Crossroads: Four Models and the Compass of Comparative Law (International Journal of Constitutional Law)

"Gender recognition at the crossroads: Four models and the compass of comparative law"

Stefano Osella, Ruth Rubio-Marín

International Journal of Constitutional Law, Volume 21, Issue 2

Published: 22 May 2023

Abstract: The article explores the different constitutional developments of the right to gender recognition and discusses their potential to protect trans and nonbinary people. Focusing on a few selected jurisdictions, each incarnating a specific kind of recognition system, it also proposes a conceptual map to understand and identify the different shapes of such a right. The article argues that four types of gender recognition can be identified, each with their own characteristics, advantages, peculiarities, and set of challenges for trans and nonbinary people and for the system of gender categorization itself. In clarifying this area of law, the article contends that the very process of creation and policing of gender identities and categories represents a critical aspect of contemporary gender constitutionalism.

Stefano Osella et al on Introduction: Trans Identities and the Law (International Journal of Constitutional Law)

"Introduction: Trans identities and the law"

Daniela Alaattinoğlu, Alice Margaria, Stefano Osella

International Journal of Constitional Law, Volume 21, Issue 2

Published: 01 June 2023

Abstract: This Symposium offers a critical exploration of how the identities of trans people are translated, recognized, and considered in the law. In so doing, it sheds light on the often-difficult coexistence between the lived experiences of trans people and their legal regulation. The main argument that the Symposium advances is that multiple structural—legal, social, and cultural—factors influence the evolution of rights pertaining to gender identity. Identity recognition—the articles show—is also key to accessing multiple other rights and benefits in society. The Symposium includes five articles, all addressing the recognition of diversity and the construction of gender in law, focusing on a variety of jurisdictions and drawing on different disciplinary perspectives. Showing a multifaceted approach to one of the most topical public law challenges, this Symposium discusses the limits and the possibilities of law in advancing the rights of trans people.