Restricted access to LGR

(Applications nos. 36253/13 and 52516/13), 19 March 2018

Find here the communicated case.

  • The applicants are Russian transgender men. Due to the absence of a transparent and accessible procedure for changing their names and gender markers, the Russian authorities refused to recognise their gender identity unless they agreed to undergo various medical procedures.
  • ILGA-Europe together with TGEU, ILGA and the Human Rights Centre “Memorial” submitted the following:
    • The ECtHR has described gender identity as “a fundamental aspect of the right to respect for private life” and as “one of the most basic essentials of self-determination,” linking it to a “right to sexual self-determination”.
    • The ECtHR held in A.P, Garçon and Nicot v. France that the requirement to undergo sterilisation or treatment involving a very high probability of sterility in as a precondition to LGR was in breach of the right to respect for private life under Article 8. Several United Nations Treaty Bodies and Special Procedures consider that LGR should not be based on gender reassignment surgery.
    • In Russia, trans persons still face considerable difficulties in access to LGR because of the lack of clarity in Russian legislation.
    • Gender identity emerges as a protected ground under international anti-discrimination law. UN Treaty Bodies consistently mention gender identity among the protected characteristics of anti-discrimination clauses in Universal Treaties. Research consistently indicates that trans people suffer from disproportionately high levels of violence, harassment and discrimination in all fields of life. For this reason they should qualify for heightened protection under Article 14 of the Convention. Gender identity is protected under Article 14, although the language used by the Court to date has been inconsistent. This area of jurisprudence would benefit from some clarity.

See also

News

Rainbow families have the right to move and reside freely, EU court reiterates

The Court of Justice of the EU has stated that birth certificates issued in an EU country must be recognised across the EU, and that EU countries should protect the freedom of movement of rainbow families.
read more
Blog

Right now, just three European countries recognise non-binary identities, but others are pushing forward

M/F/X/Other:Do you know what non-binary gender markers can be registered today in Europe? To mark International Non-Binary People’s Day, we commend the countries that have introduced the registration of gender markers other than male or female, who using no gender markers at all in their official documentation, and those who are working to adapt their systems to recognise non-binary identities in the near future.
read more
Case Law

A.B. and K.V. v Romania

Recognition of same-sex marriages in the context of freedom of movement in the EU through the prism of implementation of CJEU’s Coman judgment Submitted jointly […]
read more
Podcast

The frontline: LGBTI People and the War in Ukraine

At ILGA-Europe we recognise that the war is not going to be a short-term situation for vulnerable people in Ukraine, Russia, neighbouring countries, and all […]
read more
Blog

How Baby Sara and her mums have pushed forward the rights of all rainbow families across the EU

When an EU country recognises a child and its same-sex parents as a family, all EU countries should recognise them as such, so to guarantee their freedom of movement. This is what the EU’s top court ruled in December. But how this case has advanced LGBTI rights in the European Union and what comes next for rainbow families?
read more
Case Law

Macaté v. Lithuania

Freedom of expression, warning labels restricting artistic expression.
read more
Blog

What has 2021 meant to the LGBTI movement in Europe? Listen to our latest podcast episode to find out this year’s highlights

As 2021 comes to an end, we have collected some of the moments, events and trends that have marked the year in the latest episode of The Frontline, ILGA-Europe’s podcast about LGBTI activism and lives in Europe and Central Asia. Read here some of the episode’s highlights and find out reasons to stay hopeful in 2022.
read more
Press Release

Top EU Court Recognises Relationship of Same-sex Parents and their Children Under EU Law

In a landmark judgement, the Court of Justice of the European Union has ruled that a child and its same-sex parents must be recognised as […]
read more
Case Law

Coman and Others v Romania

Recognition of same-sex marriages in the context of freedom of movement in the EU through the prism of implementation of CJEU’s Coman judgment.
read more
Blog

How trans parents are better protected after European Court ruling

Recently, the European Court of Human Rights ruled in favour of a trans woman in Russia who was denied access to her children because of her gender identity and transition. Read on to find out how this may benefit all trans and LGBTI parents in Europe.
read more
News

European Court rules in favour of the best interest of the child in same-sex custody case

The European Court of Human rights has ruled that the refusing a mother custody of her youngest child on the grounds of her sexual orientation to be discriminatory and a violation of her right to private and family life.
read more
Press Release

LGBTI organisations welcome European Court judgement in favour of trans parental rights in Russia

Today, in a landmark judgement strongly welcomed by TGEU and ILGA-Europe, the European Court of Human Rights has ruled in favour of a woman in […]
read more
Blog

Freedom of movement for same-sex spouses: The Coman Case, 3 years on

ON 5 JUNE 2018, THE COURT OF JUSTICE OF THE EUROPEAN UNION (CJEU) ISSUED A LANDMARK JUDGEMENT AGAINST ROMANIA, RECOGNISING THAT THE TERM SPOUSE INCLUDES SAME-SEX SPOUSES UNDER EU FREEDOM OF MOVEMENT LAWS. THREE YEARS LATER, CLAI HAMILTON, SPOUSE OF ROMANIAN CITIZEN ADRIAN COMAN, HAS NOT BEEN GRANTED RESIDENCY YET. NOW THEY’VE BROUGHT THE CASE TO THE EUROPEAN COURT OF HUMAN RIGHTS (ECHR). HERE, ADRIAN COMAN TALKS ABOUT THE ORIGINAL CASE, AND HIS HOPES WITH THIS LATEST DEVELOPMENT.
read more
Podcast

Rainbow Family Rights in Europe – Part 1: The Coman Case Three Years On

Three years ago, Adrian and his partner Clai were successful bringing their case to the Court of Justice of the European Union, which judged that […]
read more
Podcast

Rainbow Family Rights in Europe – Part 5: The Rights of Trans Parents and their Children

In March 2021, Transgender Europe (TGEU) published the report, “Stuck on the swing: experiences of trans parents with freedom of movement in the EU”, in […]
read more
News

Hungarian Constitutional Court has annulled new rules prohibiting legal gender recognition

The Hungarian Constitutional Court has annulled the provision of the Registry Procedure Act introduced by Section 33, which contained that the new rules prohibiting legal gender recognition shall also be applied to ongoing proceedings. 
read more
News

European Court will consider lack of implementation of EU law to enable freedom of movement for same-sex spouses

Almost three years after the European Court ruled that Romania must recognise a same-sex couple under EU freedom of movement legislation, its government is yet to implement the judgement.
read more
News

New legal barriers for civil society in Russia

For Russian LGBTI groups, along with the rest of the civil society in the country, 2021 started with the arrival of new barriers to their work.
read more
Press Release

LGBTI rights groups welcome judgement finding Romania in violation of the European Convention on Human Rights because of a lack of proper legal framework for legal gender recognition

Romania has been found to be in violation of the European Convention on Human Rights because its authorities present transgender people with an impossible dilemma. 
read more
Press Release

The European Court of Human Rights finds Croatian response to violent homophobic attack fosters impunity for hate crime

A judgement issued today by the European Court of Human Rights finds that the response of Croatian authorities to a hate crime against a lesbian woman was “particularly destructive of fundamental human rights”.
read more
Case Law

V.D. v Russia

Asylum. Submitted jointly by ILGA-Europe, AIRE Centre, ICJ and UKLGIG.
read more
News

ILGA-Europe welcome a landmark judgment by the European Court of Human Rights concerning the deportation of a gay man to The Gambia

Yesterday, in the case of B. and C. v Switzerland, for the first time the European Court of Human Rights found that deportation of the applicant, a gay man, would give rise to a violation of Article 3 due to failure by the responding State to assess the risks of ill-treatment for a gay person in The Gambia, and the availability of State protection against ill-treatment emanating from non-State actors.
read more
Case Law

A.H. and Others v Germany

Recognition of trans parenthood.
read more
Case Law

Buhuceanu and Ciobotaru v. Romania

Recognition of same-sex unions. Submitted jointly by ILGA-Europe, FIDH, NELFA and ECSOL. 
read more
Blog

How you can help persecuted Russian LGBT+
activist, Yulia Tsvetkova

By the end of 2018, at the age of 25, Yulia Tsvetkova had already made some of herdreams come true: opening a theatre for kids, […]
read more
Case Law

Y. v France

Recognition of non-binary identities. Submitted jointly by ILGA-Europe, OII Europe, and C.I.A. (Collectif intersexes et allié-e-s).
read more
Press Release

ILGA-Europe, TGEU and Transvanilla welcome landmark judgement from the European Court of Human Rights recognising the right of refugees to legal gender recognition

In the judgement Rana v. Hungary delivered today, the European Court of Human Rights (ECHR) held that Hungary had breached its obligation to protect the right to private life under Article 8 of the Convention by rejecting the application of an Iranian transgender refugee to have his name and sex marker changed officially.
read more
News

Joint statement calling on the Parliament of Kazakhstan to protect trans people’s rights to health and legal gender recognition

TGEU, ILGA-Europe, and IGLYO, the three largest networks of LGBTI and trans organisations working in Europe and Central Asia, are calling on the Parliament of Kazakhstan to remove the age limit from their proposed amendment No. 539 to the draft “Code on the health of the people and the healthcare system”.
read more
News

Response to Hungarian Prime Minister Viktor Orbán regarding to Article 33 of the proposed Omnibus Bill, 2020

In response to Hungarian Prime Minister Viktor Orbán letter dated 5 May 2020, regarding to Article 33 of the proposed Omnibus Bill, 2020.
read more
News

Letter to Hungarian Prime Minister Viktor Orbán: in regards to Article 33 of the proposed Omnibus Bill, 2020

In our continued call for the Hungarian government to stop the attack on legal gender recognition, we have sent a joint letter with OII-Europe and TGEU. In the letter, we list the international calls to #Drop33 of a legislative omnibus bill–which would deny access to legal gender recognition in the country–including from the COE Commissioner for Human Rights and an admonition from the UN High Commissioner for Human Rights.
read more