Monday , 16 September 2019

European Court rules sterilisation for gender reassignment violates privacy

echrOn Tuesday, the Strasbourg-based European Court of Human Rights (ECHR) ruled that the requirement of permanent infertility to undergo gender reassignment surgery is a violation of the right to privacy, as guaranteed by Article 8 of the European Convention on Human Rights. The case ended on the Court’s plate after Turkish authorities refused to grant authorisation for gender reassignment surgery because the applicant requesting it was not permanently unable to procreate.

 Article 40 of Turkey’s Civil Code stipulates that persons undergoing gender reassignment surgery need to be permanently infertile, which the person in question was not.

 However, according to the Court, the Turkish state breached the person’s right to respect for his private life by denying the person to undergo the operation. It added that making infertility mandatory for such treatment is a violation of the Convention.

 Sirpa Pietikäinen MEP, Vice-President of the LGBTI Intergroup, reacted: “I strongly welcome this ruling by the Court, which will have a positive impact on the lives of transsexual people in Turkey and beyond.

 “It is very encouraging the Court emphasises the increased social acceptance and legal recognition of transsexual people in the world.”

 Dennis de Jong MEP, Vice-President of the Intergroup on LGBTI Rights, continued: “By tackling sterilisation as a requirement for gender reassignment surgery this ruling presents an important move in the right direction: full abolishment of sterilisation as a requirement for legal gender recognition.”

 “21 countries in Europe, including 13 EU Member States still require sterilisation before trans people can have their true gender recognised. This ruling should encourage Member States to start working to end this forced sterilisation.”

 SNP MEP Alyn Smith, a member of the Intergroup,told KaleidoScot: “This judgment is certainly a positive step but underlines just how far some countries still have to go and why the – often low profile – work of the Court and long tireless advocacy is so important.

“The ECHR is an important set of common standards of decency, and the Court is the ultimate protector of freedoms of individuals against the power of the state.  LGBTI folk across the EU know more than most that legal rights are essential to guarantee equality, and the Court has done some good today.”

About Andrew Page

Andrew Page
Andrew is KaleidoScot's sports editor and photographer. An experienced blogger, Andrew was raised in the Hebrides and currently lives in Renfrewshire. Andrew became an active equality campaigner at the time of the Section 28 debate, and has particular interests in faith issues and promoting LGBTI equality in sport. Andrew was shortlisted for the Icon Award's 2015 Journalist of the Year.

Check Also

Femme Brutal 1-2

SQIFF 2016 – Full Festival Programme Announced!

Scottish Queer International Film Festival 2016 Full programme announced for SQIFF 29th September – 2nd ...

One comment

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>