CEDH · CASELAW;CLIN;ENG — 6 juillet 2006

.s3ABFC313 { font-size:10pt } .sEB86A30B { margin-top:0pt; margin-bottom:14pt; page-break-after:avoid } .sBB9EE52A { font-family:Arial } .sA241FE93 { margin-top:0pt; margin-bottom:18pt; text-align:justify; page-break-after:avoid; border-bottom:0.75pt solid #000000; padding-bottom:1pt } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s8F2B0B1B { margin-top:12pt; margin-bottom:12pt; page-break-after:avoid; font-size:12pt } .s9FF10068 { margin-top:0pt; margin-bottom:12pt } .sA36B60A1 { font-family:Arial; font-style:italic } .s5F48796F { margin-top:12pt; margin-bottom:0pt; text-align:justify } .s5CB9E8AB { margin-top:12pt; margin-bottom:0pt; text-align:justify; border-bottom:1pt solid #000000; padding-bottom:1pt } .sDF790F1E { margin-top:12pt; margin-bottom:0pt; text-align:center } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } Information Note on the Court’s case-law No. 88 July-August 2006 L. v. Lithuania (dec.) - 27527/03 Decision 6.7.2006 [Section II] Article 8 Article 8-1 Respect for family life Respect for private life Lack of legislation allowing a transsexual to complete gender reassignment surgery and to marry as a male: admissible   Article 12 Lack of legislation allowing a transsexual to complete gender reassignment surgery and to marry as a male: admissible   Article 14 Discrimination Lack of legislation allowing a transsexual to complete gender reassignment surgery: admissible   At birth the applicant was registered as a girl with a clearly female name under the rules of the Lithuanian language. From an early age he became aware of his male mental sex, thus acknowledging the conflict between his mental and genital gender. In May 1997 the applicant consulted a micro-surgeon about the possible gender reassignment procedure. In December 1997 a doctor at the University Hospital confirmed the applicant’s chromosomal sex as female, and diagnosed him as a transsexual. In January 1998 the University Hospital opened the applicant’s medical file and administered to him a hormone treatment for a period of two months. In 1999 the applicant’s general medical practitioner refused to prescribe hormone therapy in view of the legal uncertainty as to whether or not full gender reassignment could be carried out. Thereafter the applicant continued the hormone treatment “unofficially”. In 1999, the applicant requested that his name on all official documents be changed to reflect his male identity; that request was refused. Only the university administration exceptionally agreed to enter the applicant into the register of students under the male name chosen by him. In May 2000 the applicant underwent “partial gender reassignment surgery”, namely a breast removal procedure. The doctors chose to carry out the surgery in view of the adoption of the new Civil Code and given the medical necessity to protect his life. The applicant agreed with the doctors that a further surgical step would be carried out upon the adoption of laws governing the conditions and procedure thereof. In 2000, with the assistance of a Member of Parliament, the applicant’s birth certificate and passport were changed. In order not to disclose his gender, the applicant chose the name and surname of Slavic origin for his new identity, since the Lithuanian names or surnames are all gender-sensitive. Nevertheless, the applicant’s personal numerical code in his new birth certificate and passport remains the same and discloses his gender as female. As a result, he allegedly faces a vast amount of daily embarrassment and difficulties. Currently, there is no law on gender reassignment, and there is no indication when such law will be adopted. Admissible under Articles 3, 8, 12 and 14 of the Convention.   © Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court. Click here for the Case-Law Information Notes