%0 Journal Article
%T The pathologisation of trans* persons in the ECtHR¡¯s case law on legal gender recognition
%A Pieter Cannoot
%J Netherlands Quarterly of Human Rights
%@ 2214-7357
%D 2019
%R 10.1177/0924051918820984
%X The European Court of Human Rights is the human rights monitoring body that has dealt with the largest number of cases related to gender identity and trans* persons. In this regard, it has recognised under Article 8 ECHR both a right to gender self-determination and a positive obligation for the State to adopt a procedure for legal gender recognition. However, Contracting States were given a wide margin of appreciation to set conditions for the legal recognition of a person¡¯s actual gender identity, leading to the acceptance by the Strasbourg Court of pathologising requirements such as a diagnosis of gender dysphoria and compulsory sex reassignment surgery. This contribution analyses and conceptually explains this message of trans* pathologisation in the ECtHR¡¯s case law. Subsequently, on a normative level, it argues that this case law cannot be upheld taking into account the international trend towards full trans* depathologisation, and the scope of the margin of appreciation that States (ought to) have in cases concerning gender identity
%K European Court of Human Rights
%K trans* persons
%K gender nonconformity
%K pathologisation
%K gender self-determination
%U https://journals.sagepub.com/doi/full/10.1177/0924051918820984