European Court Finally Strikes Down Forced Sterilization For Transgender People

Submitted by: richanddead 1 month ago in Lifestyle News & Politics


In the past, I have posted articles on IAB on this subject of forced sterilization programs going on in Europe. In essence, if a transgender person were to do something as simple as changing their own name or gender on a government-issued document it could lead them to be forcibly sterilized by their government.

Although some countries in Europe had taken it upon themselves to end their own forced sterilization programs as Germany did in 2011, Sweden in 2012, Norway in 2014, and France in 2016, many countries in Europe were fine continuing the process such as Switzerland and Finland. Yet just last month the European Court of Human Rights finally ended forced sterilizations going on in some 2 dozen European countries against transgendered people. The European Court of Human Rights, in the French city of Strasbourg, ruled that the sterilization requirement was a violation of Article Eight of the European Convention on Human Rights, which states “everyone has the right to respect for his private and family life, his home and his correspondence.”



The case was filed by three French citizens, identified in the ruling as Émile Garçon, Stéphane Nicot and by the initials A.P., and the decision is legally binding only in France, where the issue has already been settled by legislative action: Last October it did away with the sterilization requirement and adopted revised procedures for legally changing a name and gender.

This was seen by many as an important milestone in human rights. "The European Court of Human Rights is very much respected in Europe and we can expect that in the majority of countries where this issue comes up, this ruling will be respected as the new precedent,” said Richard Köhler, the senior policy officer at Transgender Europe. He said the first impacts of the decision may be seen in upcoming court cases in Bulgaria and Macedonia.

Yet despite a positive ruling for LGBTQ rights, it's not a total victory. The court didn't find requirements for transgender people to get mental health diagnoses or medical examinations before legally changing their gender (also common across Europe) to be in violation of human rights.

The other problem is that the ruling does not mean immediate legal change in any of the countries, and none of them have so far changed their laws. The court does not possess a strong enforcement mechanism that can make lawmakers pass new legislation, and activists cautioned that it may take several more court cases before legal change comes to individual countries.

Sterilization procedures take many forms in the countries where it still remains a requirement, said Kyle Knight, a researcher in the lesbian, gay, bisexual and transgender rights division at Human Rights Watch. He said some countries mandate the surgical removal of genitalia and reproductive organs while other requirements more vaguely call for procedures that produce “irreversible infertility.”

In the United States, requirements for legally changing one’s name and gender on official documents vary from state to state, said Arli Christian, a state policy counsel at the National Center for Transgender Equality. No proof of gender reassignment surgery is needed to change federally issued documents like a passport, but 23 states require proof of surgery before they allow someone to change state-issued documents like a birth certificate.
There are 9 comments:
Male 31
How is this kind of stuff still going on in this day and age?
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160
Saitek122 Crazy isn't it, the human rights violations?

Good thing the United States doesn't have the death penalty, or anything of the like....
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Male 38,398
Pretty shocking that mandatory sterilization was still on the books eh?
BUT the gender on your licence or passport should match the 'equipment' you have. 
Or you end up with situations like this:
http://www.i-am-bored.com/2017/02/trans-murderer-moved-to-male-prison-in-uk

Suppose you decide to put "female" on your passport, but are a biological and anatomical male? When you get frisked by cops or at the airport (or wherever) you could demand that a female do it, right? Lolz! Cheap thrills!
http://smartcanucks.ca/wp-content/uploads/2008/06/thrills-gum1.jpg

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5cats Yeh when it comes to gender on ID I completely agree

My gender is still Male on passport but my title is Ms

When it comes to getting frisked I just tell them straight away, and watch them awkwardly decide who has to do it.
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Male 442
5cats Forced sterilization in any circumstances is intolerable.  Period.  As for the rest of your post, who gives a shit ?  People are people.  Further division is pointless - it only causes conflict and fosters the "us vs. them mentality".

Just ignore the concept of gender or race and you'll find that the world is a better place.

What goes on inside my pants in not anyone else's business.
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Male 2,932
punko ~tries to peer down Punko's pants~ Sorry! Sorry! Curiosity got the better of me. I'll just be moving along then.
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Male 442
squrlz4ever Its just nutz !
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Male 38,398
punko No sausage? No taco? Just deez nutz? How odd... ;-)
Wait, dem nutz is gone now too?

Squuuurlz!
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Male 2,932
punko LOL!
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