Y.T. v. BULGARIA - 41701/16 (Judgment : Right to respect for private and family life : Fifth Section) French Text [2020] ECHR 537 (09 July 2020)

Y.T. v. BULGARIA - 41701/16 (Judgment : Right to respect for private and family life : Fifth Section) French Text [2020] ECHR 537 (09 July 2020)

The Court found that, although Bulgarian law allowed for judicial procedures to amend civil status records, the lack of clear criteria and inconsistent jurisprudence resulted in an unjustified refusal to recognize the applicant's gender reassignment. This failure to provide a clear and effective legal framework...

Source-derived case information.

Citation
[2020] ECHR 537
Parties
Applicant: Y. T.; Respondent: Republic of Bulgaria
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment
Outcome
Violation of Article 8 ECHR found
Legal Topics
Right to Respect for Private and Family Life, Legal Gender Recognition, Transgender Rights, Discrimination, Civil Status Records
Human Rights Law Civil Law Right to Respect for Private and Family Life Legal Gender Recognition Transgender Rights Discrimination Civil Status Records

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Parties

Y. T.

Applicant

Republic of Bulgaria

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment

  1. 1 Whether the refusal to legally recognize the applicant's gender reassignment and amend civil status records violated Article 8 of the European Convention on Human Rights

Ratio Decidendi

The Court found that, although Bulgarian law allowed for judicial procedures to amend civil status records, the lack of clear criteria and inconsistent jurisprudence resulted in an unjustified refusal to recognize the applicant's gender reassignment. This failure to provide a clear and effective legal framework violated the applicant's right to respect for private life under Article 8 ECHR.

Court Disposition

Violation of Article 8 ECHR found

Orders

  • The respondent State must pay the applicant EUR 7,500 in respect of non-pecuniary damage.
  • The respondent State must pay the applicant EUR 3,000 in respect of costs and expenses.