Case Law - Trans Related cases in the European Court of Human Rights
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Trans-related cases in the ECtHR
ECtHR cases heard in full
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ECtHR cases heard only by the Commission
The European Commission of Human Rights examines cases to seek a resolution where possible, and otherwise to decide whether the case should be referred to the European Court of Human Rights, making recommendations if it does so.
- Paula James v. United Kingdom: commission ruled that there was no violation of the Convention, by majority vote, December 1988
- W. v. United Kingdom: commission ruled that there was no violation of the Convention, unanimous on one count, by majority vote on the other; March 1989
- C. v. United Kingdom: commission ruled that there was a violation of Article 12 of the Convention, but no violation of article 8, by majority vote on both counts; May 1989
- Eriksson & Goldschmidt v. Sweden: case ruled inadmissible, November 1989
- I. v. United Kingdom: case ruled partly admissible, May 1997
- L.F. v. Ireland: case ruled inadmissible, July 1997
- Roetzheim v. Germany: case ruled inadmissible, October 1997
- Paul KARA v. United Kingdom: case ruled inadmissible (22 October 1998)
- Goodwin. v. United Kingdom: case ruled admissible, December 1997
- Parry & Parry v. United Kingdom: case ruled inadmissible, April 2008
The X, Y, Z case
In which a trans man took his case to the European Court of Human Rights, but failed to secure the right to be recognised as the father of his children.
Sheffield & Horsham
In this case, heard by the ECtHR in 1998, two trans women claimed that the UK government’s refusal to correct their birth certificates violates the European Convention for the Protection of Human Rights and Fundamental Freedoms.
Goodwin & ’I’
In these landmark cases, the ECtHR finally ruled in favour of the transsexual applicants from the UK, prompting the government to introduce the Gender Recognition Bill to give effect to the ECtHR’s judgment.
European Court of Justice (ECJ) cases
Richards v Secretary of State for Work and Pensions
On the 27th April 2006, European Court of Justice ruled that a British transsexual woman was discriminated against when she was treated as a man and refused a state pension. The case has important implications for other transsexual women in the UK, who may be able to claim backdating of their pensions.
K.B. v NHS Pensions Agency
The female partner of a trans man went to court to try to secure her right to marry him in order that he could inherit her pension if she died. The Court of Appeal referred the case to the European Court of Justice, which ruled in principle in favour of the applicant.
P v S
The landmark case of P v S and Cornwall County Council, in which a member of Press For Change secured employment protection for transsexual people throughout the European Union.
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