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European Court of Human Rights — transgender case law

In the Goodwin case (2002) the Court ruled that the United Kingdom violated the rights of a post-operative transgender woman by failing to provide legal recognition of her gender.

Goodwin v United Kingdom (2002)

In the Goodwin case (2002) the Court ruled that the United Kingdom violated the rights of a post-operative transgender woman by failing to provide legal recognition of her gender. The judgment marked a turning point in European case law.

AP, Garçon and Nicot v France (2017)

The Court held that requiring sterilisation or an irreversible medical procedure as a condition for legal gender change is contrary to Article 8 (right to private life) of the ECHR.

X and Y v Romania (2021)

The Court condemned Romania for the absence of a clear procedure for legal gender change.

Practical significance

The judgments compel member states of the Council of Europe to provide an accessible procedure for recognition of gender identity without disproportionate medical requirements.