Article 8 (Positive obligations and Respect for private life) - Legal requirements for rectification of civil status for transgender persons

Refusal of the authorities of the Ministry of Justice to bear the cost of the applicant’s gender reassignment despite medical evidence of urgently needed treatment

Scope of the rights to a name, to privacy, and to equal protection of the laws under the Pact of San José – Protection of the change of name, and the rectification of public records and identity documents in conformity to an individual’s gender identity – States’ obligation to extend all existing mechanisms, including marriage, to same-sex couples

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

Article 8 (Respect for private life) - Gender reassignment surgery made conditional on proof that the person concerned was no longer able to procreate

Judicial correction of the assigned gender – Effects of the judgment regarding the correction on preexisting marriage – Automatic termination of the civil effects resulting from the registration of the marriage celebrated by religious rite, without the need for an application and judicial decision

Article 8 (Positive obligations/Respect for family life/Respect for private life) - Refusal to give applicant female identity number following sex change unless marriage was transformed into a civil partnership

Article 6 (Fair hearing/Public hearing) Article 8 (Respect for family life/Respect for private life) - Refusal to hear expert evidence in case concerning liability for medical costs incurred in connection with sex-change operation and lack of public hearing in case concerning liability for medical costs incurred in connection with sex-change operation - Balancing of competing interests of applicant and her insurers in case concerning liability for medical costs incurred in connection with a sex-change operation

Article 8 (Respect for family life/Respect for private life) Article 41 (Just satisfaction) - Failure to introduce implementing legislation to enable a transsexual to undergo gender-reassignment surgery and change his gender identification in official documents: violation - Just satisfaction in respect of State’s failure to enact implementing legislation

Article 8 (Respect for private life) - Transsexual denied legal recognition of her gender change and refused retirement pension from the age applicable to other women

Article 8 (Respect for private life) and Article 12 (Marry) - Absence of legal recognition of change of sex - Impossibility for transsexual to marry

Whether the lack of legal recognition of the gender change as a postoperative transsexual amounted to a violation of the right to respect for private and family life under Article 8 - Whether the right to marry and found a family under Article 12 had been violated by the refusal to give legal recognition to the change of gender as a postoperative transsexual

Article 8 (respect for private life), Article 6 (civil proceedings and fair hearing) – Refusal to order private insurance company to reimburse costs of gender re-assignment surgery 

Article 8 (right to respect for private and family life) – Request of amendment of birth certificates following  gender reassignment by two transgender men – No violation

Article 5(1) of the Directive 76/207/EEC precludes dismissal of a transsexual for a reason related to a gender reassignment – Intention to undergo gender reassignment, surgery to give the physical attributes of a woman – Discrimination is based, essentially if not exclusively, on the sex of the person concerned 

Article 8 (Respect for private life) - Non-recognition in law of the new sexual identity of a post-operative transsexual

Whether denying a transsexual the right to change their sex on their birth certificate violated the right to privacy under Article 8 - Whether denying a transsexual permission to marry a person of the same (biological) sex violated the right to marry under Article 12.

Article 8 (right to respect for private and family life) – Request of amendment of birth certificate according to post-transition gender by a transgender man – No violation