Source: All England Reporter
Publisher Citation: [2002] All ER (D) 162 (Jul)
Court: European Court of Human Rights, Grand Chamber
Judge:

Judge Wildhaber (President), Judges Costa, Bratza, Palm, Caflisch, Turmen, Tulkens, Jungwiert, Fischbach, Butkevych, Vajic, Hedigan, Greve, Baka, Traja, Ugrekhelidze and Malaroni, and Mr P J Mahoney, Registrar.

Representation Michael Sternberg and David Williams (instructed by Gambrills, Folkestone) for the applicant.
  Rabinder Singh QC and James Strachan (instructed by the Foreign and Commonwealth Office) for the government of the United Kingdom.
Judgment Dates: 11 July 2002

Catchwords

Human rights - Privacy - Private life - Marriage - Applicant registered at birth as male - Applicant undergoing sex-change operation - Applicant seeking to be treated as female and change her birth certificate - Domestic law not permitting applicant to alter birth certificate to reflect her change of gender - Applicant alleging restriction in domestic law preventing her marrying a male - Whether applicant's Convention rights breached - European Convention on Human Rights, arts 8, 12.

The Case

A post-operative male to female transsexual's rights under arts8 and 12 of the European Convention were breached as domestic law did not permit her to change her birth certificate nor did it allow her to marry her male partner.

Practice Areas

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