X AND Y v. ROMANIA - 2145/16 (Judgment : Remainder inadmissible : Fourth Section) French Text [2021] ECHR 41 (19 January 2021)

X AND Y v. ROMANIA - 2145/16 (Judgment : Remainder inadmissible : Fourth Section) French Text [2021] ECHR 41 (19 January 2021)

The Court found that the requirement by Romanian authorities for applicants to undergo gender reassignment surgery as a precondition for legal gender recognition, in the absence of a clear and predictable procedure, constitutes a violation of Article 8 of the Convention. The Court held that such a requirement places applicants in a position where they must choose between their physical integrity and legal recognition of their gender identity, which is an excessive burden and not justified by a pressing social need.

Citation
[2021] ECHR 41
Parties
Applicant: X; Applicant: Y; Respondent: Romania
Jurisdiction
European Union
Judgment Date
19 January 2021
Procedural Posture
Application to the European Court of Human Rights / Judgment
Outcome
Violation of Article 8 of the Convention; remainder of the applications inadmissible.
Legal Topics
Gender Recognition, Transgender Rights, Right to Private Life, Legal Identity, Discrimination
Human Rights Law Civil Law Administrative Law Gender Recognition Transgender Rights Right to Private Life Legal Identity Discrimination

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Parties

X

Applicant

Y

Applicant

Romania

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment

Legal Issues

  1. 1 Whether requiring gender reassignment surgery as a precondition for legal gender recognition violates Article 8 of the Convention
  2. 2 Whether the lack of clear and accessible procedures for legal gender recognition violates the right to private life
  3. 3 Whether the applicants suffered discrimination contrary to Articles 8 and 14

Ratio Decidendi

The Court found that the requirement by Romanian authorities for applicants to undergo gender reassignment surgery as a precondition for legal gender recognition, in the absence of a clear and predictable procedure, constitutes a violation of Article 8 of the Convention. The Court held that such a requirement places applicants in a position where they must choose between their physical integrity and legal recognition of their gender identity, which is an excessive burden and not justified by a pressing social need.

Court Disposition

Violation of Article 8 of the Convention; remainder of the applications inadmissible.

Orders

  • Romania to pay each applicant EUR 7,500 in respect of non-pecuniary damage.
  • Romania to pay EUR 1,153.23 to the first applicant and EUR 4,000 to the second applicant in respect of costs and expenses.