TGEU, together with ILGA-Europe and Amnesty International, submitted a Third Party Intervention to the European Court of Human Rights in three cases against France concerning forced sterilisation in legal gender recognition (Niçot v France, Garçon v France, AP v France) on July 24, 2015.
The cases deal with requirement before French courts to prove infertility and genital surgical interventions and the mandatory assessment thereof by a court-appointed medical expert.
The intervention covers issues of informed consent, a critical analysis of the methodology currently employed by the Court for examining legal gender recognition-related claims, a critique of the margin of appreciation in this area, an analysis of the most common procedural shortcomings of legal gender recognition regimes in Europe and a discussion of how gender identity related discrimination claims have been dealt with in different European jurisdictions in the context of legal gender recognition.
A.P. v. France (App. no. 79885/12) – Hudoc ECtHR database
Garçon v. France (App. no. 52471/13) – Hudoc ECtHR database
Nicot v. France (App. no. 52596/13) – Hudoc ECtHR database
Download the Third Party Intervention intervention