X v. FYROM: A circumspect compromise on trans* rights?

This post was written by Mariam Gaiparashvili and Sarah Schoentjes, Master students at the Human Rights Legal Clinic, Ghent University

In X v. FYROM, the ECtHR confirmed the Member States’ positive obligation under Article 8 ECHR to establish a clear legal procedure for gender recognition. Disappointingly, however, it refused to examine the applicant’s claim that mandatory sex reassignment surgery as a requirement for gender recognition also violated Article 8. From the dissenting opinion of Judges Pejchal and Wojtyczek, it is clear that this application crystallised core disagreements within the Court on its interpretation methods and its role toward the Member States. Unfortunately, trans* persons bear the brunt of this conflict, as it seems to have led the Court to be very circumspect in this case, denying trans* persons much-needed clarity and protection. Continue reading