ECtHR: A transgender refugee’s lack of access to a procedure to recognise his gender in Hungary violated the Convention

In its committee judgment in the case of Rana v. Hungary (application no. 40888/17) the European Court of Human Rights held, unanimously, that there had been:
a violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights.
The case concerned a transgender man from Iran who had obtained asylum in Hungary but could not legally change his gender and name in that country.
The Court noted that the domestic system for gender recognition had excluded the applicant simply because he did not have a birth certificate from Hungary, a change in the birth register being the way name and gender changes were legally recognised.
The Court concluded that a fair balance had not been struck between the public interest and the applicant’s right to respect for his private life owing to the refusal to give him access to the legal gender recognition procedure.
The judgment is final.

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