European court ruling ends infertility requirement for gender reassignment surgery

. . . the right of transgender persons to personal development and to physical and moral security is guaranteed [under the Convention].

Judgment of the European Court of Human Rights, March 2015

Background

Y.Y., who is a transgender man, wanted to have gender reassignment surgery in line with his gender identity.

He asked a court to approve his request to have surgery, but it was refused, even though doctors said it was best for his mental health.

In its 2006 decision, the Turkish court said that Y.Y. was not allowed to have surgery because he was not infertile.

Y.Y. appealed against this decision, arguing that the infertility requirement was unfair and irrelevant. It did not change the fact that he identified as a man.

The Turkish court rejected Y.Y.’s appeal.

Y.Y. made a new request to the court in 2013. This time he was successful. The Turkish court changed its approach and did not consider whether Y.Y. was infertile.

Judgment of the European Court of Human Rights

In its ruling, the European court said the infertility requirement for gender reassignment surgery did not seem necessary, as the Turkish Government had argued.

The change of approach by the Turkish court, after it refused Y.Y.’s first request, supported the European court’s position.

The European court ruled that Turkey breached Y.Y.’s human rights by denying him the chance to have gender reassignment surgery for many years.

[The European court] fails to see why persons wishing to undergo gender reassignment surgery should have to demonstrate that they are unable to procreate even before the physical process of gender change can be undertaken.

Judgment of the European Court of Human Rights, March 2015

Follow-up

In 2017, Turkey’s constitutional court changed the law citing permanent infertility as a requirement for permission to have gender reassignment surgery. The relevant sentence was deleted, meaning there is no longer such a requirement in Turkish law.

After surgery, Y.Y. was able to legally change his gender and his name. He was also able to obtain a male identity card.

Additional information

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