Lyties keitimo aspektai Europos žmogaus teisių teismo jurisprudencijoje

Abstract

Sex reassignment is the process, which involves the application of medical treatments and medical technologies in order to alter and reassign primary and secondary sex features. These modifications must be recognized in the legal system of most of the countries i.e. these practices cannot be exercised unless they are legitimated. However, the countries, which have validated sex reassignment, still encounter many problems. This paper analyzes the jurisprudence of European Court of Human Rights, transsexuals’ right for privacy, matrimonial rights of the transsexuals, ban of discrimination and its’ implementation in the member states of the European Convention of Human Rights The cases of European Court of Human Rights reflect very specific aspects of sex reassignment. In the very first cases of such kind Trial has not acknowledged government’s duty to recognize a new legal status of the person after the sex reassignment. However in cases such as Goodwin vs United Kingdom or I. vs United Kingdom it has been clearly stated that government is obliged to ensure the recognition of the new person after the sex reassignment. The trial refused to refer exclusively to biological factors determining one’s sex and emphasized the equal importance of psychological and social factors, as well as the new aspects of progress in medicine and science, that also have a great crucial significance for sex identification. The European Convention on Human Rights anchor the essential human rights, therefore it is necessary to assess legal violations considering the varied social conditions. The important thing is that government, which has legitimized sex reassignment surgery, has no reason to reject the acknowledgment of legal consequences that derive from it.