66/2024, CC, 22/02/2024
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2024

Civil partnership – Automatic dissolution of civil partnership in case of judicial correction of one party’s assigned gender – The judge suspends the effects of the civil partnership until the celebration of the marriage and, in any case, not later than one hundred and eighty days from res judicata of the gender rectification judgment, if the two parties express, personally and jointly, their intention to marry until the required hearing

Y.T. v. Bulgaria, ECtHR, 41701/16, 04/07/2024
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2024

The revision of the judgement, which was originally decided in 2020 - The applicant had failed to inform the ECtHR at the time of his success in obtaining legal gender recognition from another Bulgarian court and, therefore, retroactively found the case to be inadmissible

Dissenting / Concurring: Kateřina Šimáčková

A. H. and Others v. Germany, ECtHR, 7246/20, 04/04/2023
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2023

Article 8 (Positive obligations/Privacy) - Legal impossibility for a transgender parent to indicate their current gender, unrelated to their reproductive function, on the birth certificate of their child conceived after gender reassignment - Fair balance struck between the transgender parent's right to self-determination, the public interests of legal certainty and reliability and consistency of civil status, and the interests and well-being of the child

O.H. and G.H. v. Germany, ECtHR, 53568/18, 54941/18, 04/04/2023
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2023

Article 8 (Positive obligations/Privacy) - Legal impossibility for a transgender parent to indicate their current gender, unrelated to their reproductive function, on the birth certificate of their child conceived after the gender change - Fair balance struck between the transgender parent's right to self-determination, the public interests of legal certainty and reliability and consistency of civil status, and the interests and well-being of the child

Y v. France, ECtHR, 76888/17, 31/01/2023
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2023

Article 8 (Positive obligations) - Refusal by national authorities to include the words “neutral” or “intersex” on the birth certificate of an intersex person instead of “male” - Choice of society at the discretion of the respondent State to determine the pace and extent to which requests from intersex persons in matters of civil status should be met, taking into account their difficult situation

Dissenting / Concurring: Kateřina Šimáčková/Mārtiņš Mits

A.D. and Others v. Georgia, ECtHR, 57864/17, 1/12/2022
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2022

Article 8 (Positive obligations/Private life) - Transgender men unable to obtain legal recognition of their gender without having undergone medical procedures to change their sex characteristics, due to imprecision of legal framework - Domestic authorities’ failure to provide quick, transparent and accessible procedures for legal gender recognition

Y v. Poland, ECtHR, 74131/14, 17/02/2022
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2022

Article 8 (Private and family life/Positive obligations) Article 14 (+ Article 8) - Transgender person unable to obtain a full birth certificate without gender reassignment reference, while its short extract and new ID documents indicate only reassigned gender - Applicant not in analogous situation with adopted children who were issued a new birth certificate in the event of full adoption

A.M. and Others v. Russia, ECtHR, 47220/19, 6/7/2021
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2021

Article 8 (Family Life) Article 14 (+ Article 8) - Restriction of applicant’s parental rights and deprivation of contact with her children on gender identity grounds and domestic courts’ failure to conduct in-depth examination of entire family situation and of relevant factors - Discrimination on gender identity grounds and lack of convincing and sufficient reasons for difference in treatment vis-a-vis parents whose gender identity matched sex assignment at birth

Dissenting / Concurring: Georges Ravarani, María Elósegui

X and Y v. Romania, ECtHR, 2145/16, 20607/16, 19/01/2021
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2020

Article 8 (Positive obligations/Respect for private life) - Refusal of national authorities to recognise male identity of transgender persons in the absence of gender reassignment surgery - Disruption of the fair balance between the general interest not clearly identified and the interests of the applicants

X v. The Former Yugoslav Republic of Macedonia, ECtHR, 29683/16, 17/01/2019
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2019

Article 8 (Respect for Private Life and Positive Obligations) - The applicant, a transgender person in the Republic of Macedonia who had not yet undergone sex reassignment surgery, unsuccessfully attempted to change their gender data in the birth register for over six years

Dissenting / Concurring: Pejchal, Wojtyczek

C-451/16, CJEU, 26/06/2018

Conditions for recognition of change of gender — National legislation under which such recognition is subject to the annulment of any marriage entered into before that change of gender — Refusal to grant a person who has changed gender a State retirement pension as from the pensionable age for persons of the gender acquired

Judge Rapporteur: T. von Danwitz

D.Ç. v. Turkey, ECtHR, 10684/13, 07/02/2017
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2017

The applicant, a transsexual whose gender reassignment has not yet been carried out, complained of the refusal of the authorities of the Ministry of Justice to bear the cost of her gender reassignment despite medical evidence which, she submitted, clearly showed that she urgently needed treatment - Inadmissible