ECtHR: R.K. v HU 22.06.2023 (absence of effective legal framework for change of legal gender), violation

See: https://hudoc.echr.coe.int/eng?i=001-225330

DISSENTING OPINION OF JUDGE WOJTYCZEK

I respectfully disagree with the views that the application is admissible and that Article 8 has been violated in the instant case. I refer in this respect to the arguments put forward in the joint dissenting opinion written by Judge Pejchal and myself and appended to the judgment in the case of X v. the Former Yugoslav Republic of Macedonia (no. 29683/16, 17 January 2019). I note that further important arguments supporting our view have been provided in the powerful dissenting opinion of Judge Ranzoni appended to the judgment in the case of A.P., Garçon and Nicot v. France (nos. 79885/12 and 2 others, 6 April 2017). In my view, the Convention does not guarantee the right to obtain a change of the registered sex on birth certificates and the High Contracting Parties can choose how to regulate this domain.