THE CONVICTION OF A LEGAL MEASURE OF CONSTRAINT IN BREACH OF THE RIGHT TO RESPECT FOR THE PRIVATE LIFE OF TRANSGENDER PEOPLE

Abstract

The Judgment A.P., Garçon and Nicot v. France [1] puts
an end to a conventional “allowance” of constraints on
the bodies of trans people. With this aim in mind, the
European Court of Human Rights condemns by the
means of Article 8, the requirement of irreversibility of
the treatment, which can modify definitely the physiognomy of the body, and even the sexual attribution of
people. The judges from Strasbourg, however, refuse to
extrapolate the notion of undermining the diagnostic
requirement of “transexuality”, and the use of forensic
expertise, according to the current legal processes of
gender reassignment at the time of the facts.