The Y.Y. v. Turkey case and trans individuals’ gender recognition

This guest post was written by Ivana Isailovic, post-doc researcher at the Perelman Center (Université libre de Bruxelles) and affiliated to the IAP, Human Rights Integration project.[1]

The Y.Y v. Turkey decision deals with the process of gender recognition, which is one of the many pressing legal issues trans[2] communities are struggling with in Europe. In its previous decision, the European Court of Human Rights has found that the State’s failure to modify the birth certificate of a person by recognizing the preferred gender constitutes a violation of the right to private life guaranteed by art. 8. For the first time, in Y.Y. v. Turkey, the Court examines the domestic requirements ­– in this case the sterilization requirement – which are necessary to obtain the legal recognition of the preferred gender.

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