Refusal to alter full certificate following gender reassignment was not a violation

EUROPE: GENDER EQUALITY

European Court of Human Rights, judgment, 17 February 2022, Y v. Poland (Application no. 74131/14).

The applicant underwent gender reassignment from female to male. On 6 April 1992, the Warsaw District Court gave a decision ordering that an annotation be made to the applicant's birth certificate to indicate that his sex had changed from female to male and that his name had changed from X to Y. The relevant annotation was duly made.

In 2008, Y applied to the Polish authorities to have the mention of the 1992 court decision removed from the birth certificate. After this request being denied, Y applied in 2011 for a new birth certificate via the courts.

Following the refusal of the authorities in his two requests, Y referred the matter to the ECtHR.

Relying on Articles 8 (right to respect for private and family life) and 14 (prohibition of discrimination), Y complained that his birth certificate included reference to his gender at birth, and that he was discriminated vis-à-vis adopted children, who were issued new birth certificates.

Regarding Article 8, the Court ruled that the Polish authorities had acted within their broad discretion (“margin of appreciation”), striking a balance between the relevant interests in the current case, finding no violation of Article 8.

Regarding Article 14, the Court judged that the situation of the applicant and that of adopted children were insufficiently similar to make the argument that he had suffered discrimination.

Direct link to the judgment (hudoc.echr.coe.int)
Accès direct au communiqué de presse (hudoc.echr.coe.int)
Direct link to the press release (hudoc.echr.coe.int)

Gender Law Newsletter FRI 2022#2, 01.06.2022 - Newsletter abonnieren