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Home > European Court of Human Rights Rules on Change of Marital Status for Transsexuals (July 16, 2014)

European Court of Human Rights Rules on Change of Marital Status for Transsexuals (July 16, 2014) [1]

Blog Name: 
International Law in Brief [2]
Author: 
Caitlin Behles

On July 16, 2014, the Grand Chamber of the European Court of Human Rights (the Court) ruled [3] in Hämäläinen v. Finland that it was not a human rights violation to require a transsexual to change her marriage to a registered partnership as a precondition to legally changing her gender from male to female.  According to the press release [4], the Court held that there was “no violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights [5]; that there was no need to examine the case under Article 12 (right to marry) of the Convention; and, that there had been no violation of Article 14 (prohibition of discrimination) taken in conjunction with Articles 8 and 12.”  In its decision, the Court reiterated that the Convention “cannot be interpreted as imposing an obligation on Contracting States to grant same-sex couples access to marriage” and that if the applicant’s claim were accepted, it “would in practice lead to a situation in which two persons of the same sex could be married to each other.”  


Source URL: https://www.asil.org/blogs/european-court-human-rights-rules-change-marital-status-transsexuals-july-16-2014

Links
[1] https://www.asil.org/blogs/european-court-human-rights-rules-change-marital-status-transsexuals-july-16-2014
[2] https://www.asil.org/blog-name/international-law-brief
[3] http://hudoc.echr.coe.int/sites/fra-press/pages/search.aspx?i=001-145768
[4] http://hudoc.echr.coe.int/sites/fra-press/pages/search.aspx?i=003-4821870-5880860
[5] http://www.echr.coe.int/Documents/Convention_ENG.pdf