Judicial correction of the assigned gender – Possibility to assign a ‘third gender’ other than male or female gender – Alleged violation of the principle of equality, the right to personal identity, the right to health and the right to private and family life

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

Transgender individuals complained about the lack of a regulatory framework in Hungary for the legal recognition of their gender identity - Inadmissible - their requests had eventually been granted in 2018, and the waiting period did not constitute an unreasonable delay under Article 8 (right to private life).

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

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

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

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

Judicial correction of the assigned gender – Possibility of ordering the relevant civil registrar to register the marriage instead of dissolving the civil partnership, subject to a joint declaration by the parties

Judicial correction of the assigned gender – Request for correction of parts relating to sex and name of birth certificate

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

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

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

A lawfully settled non-Hungarian transgender person’s request for legal gender recognition, which was refused by the authorities due to a gap in the relevant legislation in force at the material time - By not giving the applicant access to the legal gender recognition procedure, a fair balance had not been struck between the public interest and the applicant’s right to respect for his private life 

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

Articles 8, 13 and 14 - Absence of a procedure allowing intersex people to change their gender and name records according to their self-identification

Article 8 (Respect for Private Life and Positive Obligations) - Unsuccessful attempt to change gender data in the birth register for over six years by a transgender person who had not yet undergone sex reassignment surgery

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

Article 8 (Respect for private life) - Refusal by the authorities to authorise a change of forename prior to the completion of gender reassignment surgery

Judicial correction of the assigned gender – Possibility subject to modifications to the sex characteristics of the interested party – The modification of primary sexual characteristics through surgery is necessary

Judicial correction of the assigned gender – Identification of the interested party in the opposite gender even in the absence of the modifications to the primary sex characteristics