The pathologisation of trans* persons in the ECtHR’s case law on legal gender recognition
Bibliographic Data
| ID | 12188530 |
|---|---|
| Authors | Pieter Cannoot (0000-0003-2911-9972, Human Rights Centre of Ghent University, Belgium, corresponding author) |
| Year | 2019 |
| Volume | 37 |
| Issue | 1 |
| Pages | 14-35 |
| Publication date | 2019-03-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Netherlands Quarterly of Human Rights (JOURNAL) |
| Journal identifiers | ISSN: 0924-0519 • E-ISSN: 2214-7357 |
| Publisher | SAGE Publishing (PUBLISHER • US) |
| DOI | 10.1177/0924051918820984 |
| OpenAlex | W2921915299 |
| Language | EN |
| Citations received | 6 |
The European Court of Human Rights is the human rights monitoring body that has dealt with the largest number of cases related to gender identity and trans* persons. In this regard, it has recognised under Article 8 ECHR both a right to gender self-determination and a positive obligation for the State to adopt a procedure for legal gender recognition. However, Contracting States were given a wide margin of appreciation to set conditions for the legal recognition of a person’s actual gender identity, leading to the acceptance by the Strasbourg Court of pathologising requirements such as a diagnosis of gender dysphoria and compulsory sex reassignment surgery. This contribution analyses and conceptually explains this message of trans* pathologisation in the ECtHR’s case law. Subsequently, on a normative level, it argues that this case law cannot be upheld taking into account the international trend towards full trans* depathologisation, and the scope of the margin of appreciation that States (ought to) have in cases concerning gender identity
Gender dysphoria · Gender identity · Human rights · Identity (music · International human rights law · Margin of appreciation · Normative · Obligation · Political science · Set (abstract data type · Sociology · State (computer science · Transgender · Discrimination and Equality Law · European and International Law Studies · Gender Studies · Judicial and Constitutional Studies · Law · Psychology · Social Psychology
Dismantling or perpetuating gender stereotypes. – The case of trans rights in the European Court of Human Rights’ jurisprudence
Missing a landmark moment or treading on thin ice
Exploring trans youths’ future orientations as a product of experiences of dis/affirmation
Europe at a crossroads
Transgender EU Citizens and the Limited Form of Union Citizenship available to them
Withholding the letter
| Citations per year | 1.2 |
|---|---|
| Citation span | 2021 - 2026 (6) |
| Highly cited | No |