In the case of Y.Y. v. Turkey, the European Court found that permanent inability to procreate as a pre-condition, set by law, for receiving authorisation to undergo gender reassignment treatment was in violation of the applicant’s right to respect for private life. As required by the national law at the time, the domestic courts had refused to grant authorisation for gender reassignment surgery on the ground that the applicant could still procreate.
Following the European Court’s judgment, the applicant received compensation from the government and was granted leave to undergo the surgery. He also obtained a national identity card in line with his change of gender.
In addition, to prevent similar violations from taking place, the Constitutional Court of Turkey annulled the relevant provision in the Civil Code. The government also ensured the wide dissemination of the Turkish translation of the European Court’s judgment among judges.
