SOGI Casebook chapters Archives: Recognising gender identity
No. 1968-12, Administrative Court of Appeals of Stockholm, Sweden (19 December 2012)
The Court argued that the requirement to undergo sterilization before being able to change sex markers violates the Swedish Constitution and the European Convention of Human Rights. No. 1968-12, Administrative Court of Appeals of Stockholm, Sweden (19 December 2012), (Full text of judgment in Swedish, PDF)
No. 11/08743, 1453, 12/00535, Cour d’Appel de Rennes, France (16 October 2012)
Procedural Posture Wilfrid Francis A. and Marie-Jeanne T., a married couple, filed a petition to the Tribunal de Grande Instance of Brest seeking to change Wilfrid’s name to Chloé and to change the sex to female in both the birth certificate and marriage act, but the tribunal ruled against their petition. Consequently, the plaintiffs filed […]
Case 12/1217, Regional Court of Bern-Mittelland, Switzerland (12 September 2012)
The Court underlined that within the process of legally recognizing a new gender identity the psychosocial aspects are more important than the question of infertility and that therefore no proof of infertility was required. The Court also held that mandatory surgery would interfere with the right to personal integrity. Case 12/1217, Regional Court of Bern-Mittelland, […]
No. 1420/2012, Jura Cantonal Tribunal of First Instance, Switzerland (3 September 2012)
Court concluded that the sex change should be granted because the hormonal treatment that the appellant undertook permitted him to socially develop in his masculine role. No. 1420/2012, Jura Cantonal Tribunal of First Instance, Switzerland (3 September 2012), (Full text of judgment in French, PDF)
Uz-3238/2011, Constitutional Court of Serbia (21 March 2012)
The Court held that the public administration had wrongly decided that it could not rule on the application to legally change name and sex, and had therefore denied the applicant’s right to dignity and free development of personality. According to the Court, Serbia failed to comply with its positive obligations under Article 8 of the […]
Concluding Observations, CAT/C/DEU/CO/5, 12 December 2011: Germany
20. The Committee takes note of the information received during the dialogue that the Ethical Council has undertaken to review the reported practices of routine surgical alterations in children born with sexual organs that are not readily categorized as male or female, also called intersex persons, with a view to evaluating and possibly changing current […]