European Region of the International Lesbian, Gay, Bisexual, Trans and Intersex Association

Find cases and judgments regarding legal recognition of gender reassignment and right of a trans person to contract a different-sex legal marriage and insurance coverage for medical expenses related to gender reassignment.

Legal recognition of gender reassignment and right of a transsexual person to contract a different-sex legal marriage

  • Requirement to change legal sex on birth certificate
    • B. v. France (25 March 1992) (violation of Article 8, private life)
  • Requirement to change legal sex on birth certificate and permit transsexual persons to marry a person of the sex opposite to their reassigned sex
  • Requirement to grant pension to post-operative transsexual woman at same age as other women
    • Grant v. U.K. (23 May 2006) (violation of Article 8, private life)
  • Absence of legislation regulating full gender-reassignment surgery.

Insurance coverage for medical expenses related to gender reassignment

  • van Kück v. Germany (12 June 2003) (violation of Article 8, private life) (where insurance plan covers "medically necessary" treatment, gender reassignment must be included)
  • Schlumpf v. Switzerland (8 Jan. 2009) (violation of Article 8, private life) (national court should have considered exception to rule requiring two years of non-surgical treatment before cost of surgery could be reimbursed)