Niveau G, Ummel M, Harding T
Institute of Forensic Medicine, University of Geneva.
Health Hum Rights. 1999;4(1):134-64.
The problem of changing the civil status of transsexuals has been tackled in different ways in various European countries. Six applications made by transsexuals have led to judgments by the European Court of Human Rights. These cases illuminate some specific aspects of the relationships between health, law, and human rights, including criteria used to determine gender and the impact of authorities' refusal to modify civil status, which may be seen as violating the right to be free from inhuman or degrading treatment; respect for the private and family life of transsexuals; and the right to marry. Only one Court decision found a State party (France) to be in violation of the ECHR for refusing a transsexual the right to change civil status. This judgment, however, has left open a number of outstanding issues.