The Council of Europe’s Committee of Ministers has exhorted Lithuania to adopt clear laws covering gender reassignment surgery, in line with a judgment from the European Court of Human Rights more than 15 years ago.
At its latest quarterly meeting on the implementation of the Court's judgments, the Committee adopted an Interim Resolution* asking the authorities in Lithuania for a timetable for the legislative process to be completed.
In 2007, the Court found a violation of the right to private and family life in the case of L. v. Lithuania. The applicant had been prevented from having full gender reassignment surgery in Lithuania or changing his gender identification in official documents.
At this week’s meeting, the Committee of Ministers noted that various steps have since been taken to substantially improve the situation of transgender adults in Lithuania.
These include the consolidation of domestic case law permitting changes to official documents, even in the absence of full gender reassignment surgery, and the right to claim compensation for the costs of certain medical procedures. Secondary legislation enabling transgender persons to change their names in line with their gender identity has also been adopted.
However, the Committee stressed that Lithuania must also adopt a clear legislative framework covering the conditions and procedures for gender reassignment surgery. Despite the Committee’s repeated calls, no progress has so far been achieved in that respect.
The Committee of Ministers decided to resume its consideration of this case by March 2025.
*An Interim Resolution is a form of decision adopted by the Committee of Ministers aimed at overcoming more complex situations requiring special attention.
