Transgender Europe and ILGA-Europe brought a collective complaint against the Czech Republic under the European Social Charter. The complaint challenges the Czech law that requires a person to be sterilised before they can have their gender identity legally recognised. This requirement breaches the European Social Charter (Article 11 – the right to protection of health). The European Committee of Social Rights declared the complaint admissible on 9 September 2015.
With this complaint we aim to support legal reform in the Czech Republic for quick, transparent and accessible legal gender recognition procedures based on self-determination.
Up-to-date information on the case can be found on the website of the European Social Charter under Pending Cases: https://www.coe.int/en/web/turin-european-social-charter/collective-complaints-procedure
(Complaint No 117/2015)
On April 06 2017, the European Court of Human Rights found that sterility and any medical treatment leading with a high likelihood to sterility as a pre-condition to legal gender recognition is in breach of the right to privacy and family life (Article 8 of the European Convention of Human Rights).