Σάββατο, Μαρτίου 03, 2018

The greek courts case law on gender identity

There are some members of Parliament who ignore or underestimate the greek courts' case law on gender identity. At the same time, the explanatory report to the draft statute on legal recognition of gender identity refers to only the first relevant judgment. Therefore I hereby publish a list of the FINAL courts' judgments on the alteration of identity documents without surgical reassignment of genitals.

Judgment Nr. 418/2016 of the Athens Magistrate's Court 
This is the first judgment on a trans man case (female to male) who had undergone mastectomy and hormone treatment, without reassignment of female genitals. The court found that the obligatory sterilisation consists a violation of the right to respect private life (article 8 to ECHR) and the rights to equal treatments and non discrimination (articles 2 and 26 International Covenant on Civil and Political Rights). 

Judgment Nr. 1572/2016 of the Athens Magistrate's Court
This is the first judgment which includes a definition of "gender identity", as the "personal and inner experience of gender that may be not in line with the sex assigned at birth and may include the personal feeling of the body and gender (i.e. the gender expression which may be expressed with the dressing style, the manner of speaking, the manners of behaviour). This is a case of a trans man (female to male) without mastectomy, without surgical reassignment of genitals. The court found that even the hormone treatment is an excessive demand. Since the age of 4 years old the applicant's personality developed with the characteristics that are closer to male individuals and his preferences in appearance and in free time activities where similar to the choices of male individuals that the ones of the females. "Further, from adolescence the applicant feels attracted to female individuals without feeling homosexual rather than a male".

Judgment Nr. 1479E/2016 of the Thessaloniki Magistrate's Court
This is the first judgment of the Thessaloniki Magistrate's Court on a trans man case (female to male). "Sine the age of 9, the manner that the applicant was experiencing her gender did not correspond to her appearance, while from the attached photos it is obvious that her preferences from her youth (dressing, shoes, appearance etc.) was closer to a male's choice. [...] Official documents that identify the applicant as a female cause several serious problems, namely the barriers to confirm identifying data at several transactions with public services as well as with other entities (i.e. tax authorities, banks, post offices). Furthermore the access to medical services is a constant cause of stress and misunderstanding since the person is obliged to illustrate that its real identity is not in conformity with its official documents. Lastly, the incompetence of having issued new identity and travel documents consists a serious barrier in case of travelling abroad while this is crucial for the applicant due to medical reasons. The registration of the applicant status as a female causes serious damage to its legal interests and has important impact to its transactions and its personality rights. 

Judgment Nr. 572/2017 of the Athens Magistrate's Court

This is the first Greek judgment on a trans woman case (male to female) that had undergone only hormone treatment, without breast or genitals surgery.

Judgment Nr. 604/2017 of  the Athens Magistrate's Court

A case of a trans woman (female to male) without homorne treatment or surgery. From the age of 17 the applicant had made known to persons close to her that the way she understands her gender does not correspond with her appearance, while the photographs she attached demonstrate that from early years her choices in clothing, attitude etc. were feminine.

Judgment Nr. 281E/2017 of the Thessaloniki Magistrate's Court

This is a case of a male-to-female citizen. The court applies all the above mentioned case-law plus article 2 of the International Covenant on Economic, Social and Cultural Rights.  The court accepts its jurisdiction notwithstanding
the relevant registry was not that of Thessaloniki but of Chalkida.

Judgment Nr. 146/2017 of the Amarousion Magistrate's Court

The court in this female-to-male judgment refers to the Charter of Fundamental Rights of the European Union (right to health).

Judgment Nr. 1147/2017 of the Thessaloniki Magistrate's Court

This is the first  northern Greece case of a male-to-female  with just a breast surgery.

Judgment Nr. 1708/2017 of the Athens Magistrate's Court

This is the first case of gender identity legal recognition of a female to male citizen. The novelty is that the judgment does no refer to the previous relevant case law, while it follows its very wording.

Judgment Nr. 672018 of the Amarousion Magistrate's Court

This is the first case on legal recognition of a non binary person. The court recognised the non - binary identity and accepted the modification of its birth certificate with regard the person's name (Jason - Antogone). Nevertheless it rejected the request for deletion of the gender sign from the registry. The case is pending before the appeals court.

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