(2023) ECHR Case No. 45437/20 (June 7, 2023)
The European Court of Human Rights (ECHR) ruled that Spain violated the European Convention on Human Rights (ECHR) by denying legal recognition to a transsexual woman who had undergone gender reassignment surgery. The ECHR found that Spain's requirement for a medical diagnosis of gender dysphoria in order to obtain legal recognition was arbitrary and discriminatory.
In 2010, P.S., a transsexual woman who had undergone gender reassignment surgery, applied to change the sex marker on her birth certificate in Spain. Spain required that P.S. obtain a medical diagnosis of gender dysphoria in order to obtain legal recognition. P.S. refused to obtain such a diagnosis, arguing that it was unnecessary and invasive. Spain denied P.S.'s application, and she appealed to the ECHR.
The ECHR held that Spain violated P.S.'s rights under Article 8 of the ECHR, which protects the right to private life and family life. The ECHR found that Spain's requirement for a medical diagnosis of gender dysphoria in order to obtain legal recognition was arbitrary and discriminatory.
The ECHR stated that "the requirement to undergo a medical diagnosis of gender dysphoria is not an effective and proportionate means of achieving the legitimate aim of protecting the rights of others." The ECHR also found that Spain's requirement "fails to take into account the individual's autonomy and self-determination in matters of gender identity."
The ECHR ordered Spain to pay compensation to P.S. and to amend its laws to allow transsexual people to obtain legal recognition without a medical diagnosis of gender dysphoria. The ECHR's decision in P.S. v. Spain is a significant victory for the rights of transsexual people in Europe. The decision makes it clear that transsexual people have the right to legal recognition without having to undergo unnecessary and invasive medical procedures. The ECHR's decision in P.S. v. Spain was widely reported on by the media and quickly went viral on social media. The decision has been praised by LGBT rights advocates and criticized by some conservatives.
