Kansainväliset oikeudelliset tietolähteet, uutiset 2008
15.4.2010
EIT tulee ottamaan kantaa transseksuaalisuuden merkitykseen yksityiselämän suojassa Suomessa
Euroopan ihmisoikeustuomioistuin on lähettänyt Suomen hallitukselle kommentoitavaksi valituksen, jossa valittaja väittää mm. hänen yksityiselämänsä suojaa loukatun, kun häntä muun ohella ei suostuttu rekisteröimään naiseksi huolimatta siitä, että hänet oli mm. diagnostisoitu transseksuaaliksi.
The applicant was born in 1963 as a male. She always felt that she was a female in a male body but decided to cope with the situation. In 1996 she married a woman and in 2002 they had a child.As the applicant started feeling worse in 2004, she decided in 2005 to seek medical help. In April 2006 she was diagnosed as a transsexual. Since that time, she has lived as a woman. On 29 September 2009 she underwent gender re-assignment surgery.
On 7 June 2006 the applicant changed her first names and renewed her passport and driver's licence but she could not have her identity number changed. The identity number still indicates that she is male. Also, her passport still indicates that she is male.
Questions to the parties:
1. Has there been an interference with the applicant's right to respect for her private and family life, within the meaning of Article 8 § 1 of the Convention? If so, was that interference necessary in terms of Article 8 § 2? In particular, is the requirement that the applicant's marriage, which is a long-term and stable relationship, be turned into a civil partnership as a condition of her obtaining recognition of her change of gender, proportionate?
2. Has there been a violation of the applicant's right to marry, contrary to Article 12 of the Convention? In particular, what are the differences in protection provided, on the one hand, by a marriage and, on the other hand, by a civil partnership, taking into account that the applicant has a minor child? Would any prejudice that might flow from the transformation ex lege of a marriage into a civil partnership be addressed?
Jutun faktat ja kysymykset EIT:n kotisivuilta
