Articolul 8 din Convenție. Viață privată. Obligații pozitive. Refuzul autorităților naționale de a recunoaște identitatea masculină a unor persoane transgender.
Article 8 of the Convention. Privacy. Positive obligations. Refusal by national authorities to recognize the masculine identity of transgender people. The mental integrity of the people concerned.

Summary/Abstract: The right to privacy includes sexual identification as an aspect of personal identity. It refers to all individuals, including transgender people, whether or not they want to start sexual conversion treatment approved by the authorities. Article 8 of the Convention is applicable in cases concerning the legal recognition of gender change in its dimension of “privacyˮ, and the refusal of national authorities to recognize this change is analyzed in terms of positive obligations, to ensure respect for the sexual identity of individuals. The general principles applicable to the analysis of positive obligations are similar to those concerning the analysis of negative obligations; in both cases, a fair balance must be struck between the general interest and the interests of the person concerned. Given the particular importance of the issues related to gender identity, which is one of the most important aspects of privacy, the signatory States to the Convention have a limited margin of appreciation in this area. There was a violation of Article 8 of the Convention in the case, due to the lack of regulation of a clear and predictable procedure regarding the legal recognition of gender identity, allowing the change of sex and, consequently, of name or personal numerical code in official documents, in a fast, transparent and accessible way. Also, the refusal of the national authorities to recognize the sexual identity of the persons concerned, in the absence of a prior sexual conversion surgery, led to a violation of the fair balance which the State was required to maintain between the general interest and the applicants' interests.

• Details
• Contents