Christine Goodwin v The United Kingdom (Application No. 28957/95)

In brief

The European Court of Human Rights Grand Chamber ruled that the United Kingdom's failure to give legal recognition to the gender reassignment of an applicant the Court described as post-operative violated Article 8 (right to respect for private life), and that her inability to marry a man violated Article 12 (right to marry) of the European Convention on Human Rights (paras 71, 91, 93, 101, 103–104). The Court treated the birth register as one of the Government's justifications but did not order certificates to be altered; the means of recognition were left to the State (paras 86–88, 120). This landmark judgment directly led to the UK Parliament enacting the Gender Recognition Act 2004.

Key provisions

• Article 8 ECHR — right to legal recognition of acquired gender : The European Court of Human Rights held that the UK's failure to provide legal recognition of acquired gender violated Article 8 ECHR (right to private life).
• Article 12 ECHR — right to marry in acquired gender : The UK's failure to allow a trans person to marry in their acquired gender violated Article 12 ECHR (right to marry).
• holding-1 — State's positive obligation to recognise gender identity : The European Court of Human Rights held that the UK's failure to provide legal recognition of acquired gender violated Article 8 ECHR (right to private life).
• holding-2 — Departure from Rees v UK and Cossey v UK precedents : The UK's failure to allow a trans person to marry in their acquired gender violated Article 12 ECHR (right to marry).

When relevant

Understanding the human rights foundation of gender recognition in the UK. The case that triggered the GRA 2004. Relevant when considering the Convention rights dimension of trans inclusion policies.