Judgment 76888/17

Applicant name Y
Applicant type natural person
Number of applicants 1
Country France
Application no. 76888/17
Date 31/01/2023 
Judges Síofra O’Leary, présidente,
 Arnfinn Bårdsen,
 Mārtiņš Mits,
 Stéphanie Mourou-Vikström,
 Lado Chanturia,
 Mattias Guyomar,
 Kateřina Šimáčková
Institution Court
Type Judgment
Outcome Art. 8 No violation
Reason Positive obligation
Type of privacy Private life
Keywords Gender
Facts of the case The case concerns the rejection of an intersex person’s request to have the words “neutral” or “intersex” written on their birth certificate instead of the words “male”. The applicant denounces a violation of Article 8 of the Convention as it establishes the right to respect for private life.
Analysis A fortiori in the absence of European consensus on the matter, it is therefore appropriate to leave it to the respondent State to determine at what pace and to what extent it is appropriate to respond to the requests of intersex people, such as the applicant, in matters of civil status, taking due account of the difficult situation in which they find themselves with regard to the right to respect for private life, in particular due to the inadequacy between the legal framework and their biological reality. It recalls on this point that the Convention is a living instrument, which must always be interpreted and applied in the light of current conditions, and that the need for appropriate legal measures must therefore give rise to constant examination with regard, in particular, to , to the evolution of society and the state of conscience. For the benefit of all the foregoing considerations and taking into account the margin of appreciation available to it, the Court concludes that the respondent State did not disregard its positive obligation to guarantee the applicant effective compliance with its private life, and that there was therefore no violation of Article 8 of the Convention.
Other Article violation?
Damage awarded
Documents Judgment