17 June 2025
A Door Opened, But Not Fully
On 12 June 2025, the European Court of Human Rights issued a judgment in T.H. v. the Czech Republic – the first case brought by a non-binary person. The Court found a violation of Article 8 of the Convention for requiring sterilisation as a precondition for legal gender recognition. Yet, the misgendering of the applicant, the Court’s silence on Articles 3 and 14, and the absence of compensation all temper the applicant’s win. Continue reading >>
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15 May 2024
The New Transgender Ruling in Czechia
In a recent decision in the case of N.G. (Pl. ÚS 52/23), the Czech Constitutional Court (CCC) addressed the pressing issue of trans persons’ rights, more specifically the requirements for legal gender reassignment, involving (often involuntary) sterilisation and castration. When compared to the earlier decision in T.H. (Pl. ÚS 2/20), the new ruling represents a major shift. In fact, the CCC changed its legal position by 180 degrees, giving preference to protecting individual rights over deferring to the legislator’s choices. Continue reading >>
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02 March 2023
Barring Legal Gender Reassignment in Bulgaria
The Bulgarian Supreme Court of Cassation (SCC) has recently rejected the possibility for legal gender reassignment of transgender people. The SCC followed the approach of the Constitutional Court in framing its reasoning alongside the lines of the traditional social values. In doing so, the interpretative decision arguably undermined its own goal of unifying the future case-law by avoiding the discussion on the right to equal treatment of transgender persons and their protection from discrimination on the ground of their sexuality. Continue reading >>06 April 2022
Evasive, Insensitive, Ignorant, and Political
Czech law stipulates that a trans person who seeks gender reassignment must undergo surgery “while simultaneously disabling the reproductive function and transforming the genitalia.” Although a majority of judges of the Czech Constitutional Court agreed that this requirement is clearly unconstitutional, the provision has nevertheless withstood constitutional scrutiny and remains part of the Czech legal order. Continue reading >>
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