BRUSSELS, September 12, 2007  –  The European Court of Human Rights in Strasbourg ruled today that there was a gap in Lithuanian law on the rights of transsexuals.

The majority ruling was immediately welcomed by the International Lesbian and Gay Association Europe (ILGA-Europe), saying it was “a very positive judgement”.

In the case of L vs Lithuania, the court said that while Lithuanian law had recognised transsexuals’ right to change not only their gender but also their civil status, there was a gap in the law regulating full gender reassignment surgery which created an impediment for the transsexual person to complete this process and therefore Lithuania violated Article 8 (right to respect of private and family life) of the European Convention of Human Rights.

Some claims were however rejected by the court.

ILGA-Europe said that the judgement is with the previous case law of the Court regarding the rights of transgender people.

Previously, the court had established principles that a transgender person has the right to full gender reassignment procedures and changes of his/her identity documents to reflect this change of gender.

“This is a very positive judgement and we welcome the Court’s consistency on this matter,” said Patricia Prendiville, executive director of ILGA-Europe.

“[The] case highlights a problem with some European countries which formally permit gender reassignment and amendment of identity documents but lack legal clarity and consistency and available medical facilities.

“It is also important that the court took into consideration the mental distress and a number of practical burdens and problems experienced by the applicant because of being unable to complete the gender reassignment process and associated amendments in documentation,” she continured.

“This case highlights the complexity and the need for better understanding of the issues that transgender people experience because of the legal and bureaucratic barriers they face.

“We are also pleased about the timing of this judgement.

“ILGA-Europe’s annual conference is taking place this October in the Lithuanian capital of Vilnius and both the judgement and our conference are good opportunities to stimulate debate and discussion on the continuing discrimination LGBT people face across Europe,” she added.

■  Today’s judgement was by The Chamber.  The decision becomes final if there is not accepted appeal to the Grand Chamber.

Click HERE for test in English of the court’s ruling.

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Posted: 12 September 2007 at 21:00 (UK time)