Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 ; Violation of Art. 8 ; No separate issue under Art. 14 ; Non-pecuniary damage – financial award ; Costs and expenses partial award – domestic proceedings
Gender identity is now widely accepted as being of central importance and at the heart of a person’s Article 8 private life rights ‘the most intimate aspect of one’s identity’.
Citations:
35968/97, [2003] ECHR 285, (2003) 37 EHRR 51, [2003] 2 FCR 421, (2005) 8 CCL Rep 121
Links:
Jurisdiction:
Human Rights
Cited by:
See Also – Van Kuck v Germany ECHR 8-Aug-2011
Execution of the judgment of the European Court of Human Rights . .
Cited – Elan-Cane, Regina (on The Application of) v The Secretary of State for The Home Department and Another CA 10-Mar-2020
No right to non-gendered passport
The claimant sought judicial review of the police of the respondent’s policy requiring a passport applicant to identify themselves as either male or female. The claimant began life as a female, but, with surgery, asserted a non-gendered identity. . .
Cited – Elan-Cane, Regina (on The Application of) v The Secretary of State for The Home Department and Another CA 10-Mar-2020
No right to non-gendered passport
The claimant sought judicial review of the police of the respondent’s policy requiring a passport applicant to identify themselves as either male or female. The claimant began life as a female, but, with surgery, asserted a non-gendered identity. . .
Lists of cited by and citing cases may be incomplete.
Human Rights
Updated: 23 October 2022; Ref: scu.183761