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2017-04-13

[]欧州人権裁判所は、トランスジェンダーの性別変更に断種手術を義務付けることを違法と判断した。

部分訳 by AJ

>On April 6, it issued a ruling in favor of three transgender people in France who had been barred from changing the names and genders on their birth certificates because they had not been sterilized. In so doing, activists said, the court set a new legal standard that calls for changes to laws in 22 countries under its jurisdiction.

4月6日、欧州人権裁判所は、断種手術を受けていないことを理由に出征証明書の名前音性別の変更を許可されなかった、フランスの3人のトランスジェンダー側を勝訴とする判決を下した。

The European Court of Human Rights, in the French city of Strasbourg, ruled that the sterilization requirement was a violation of Article Eight of the European Convention on Human Rights, which states “everyone has the right to respect for his private and family life, his home and his correspondence.”

欧州人権裁判所は、Strasbourgにあるが、断種手術が要件にあることは、ヨーロッパ人権条約の8条、「すべての者は、その私的及び家庭生活、住居及び通信の権利を有する。」の違反であると判決した。

http://hrlibrary.umn.edu/japanese/Jz17euroco.html

“The court followed its previous arguments that trans issues are medical issues and decided it was in line with European standard of human rights to request a medical exam and a mental health diagnosis,”

「裁判所は判決文で、引き続き、トランスの問題は医学的問題であり、医学的検査と精神科診断を要求している欧州人権スタンダードに沿うべきだと判断した。」



https://www.nytimes.com/2017/04/12/world/europe/european-court-strikes-down-required-sterilization-for-transgender-people.html?_r=0

the new york times 2017.4.12.

European Court Strikes Down Required Sterilization for Transgender People


Changing the name or gender on a government-issued document like a driver’s license has long included a frightening step for transgender people in almost two dozen European countries: mandatory sterilization.

But those days may be coming to an end. Gay and transgender activists in Europe have argued for years that the sterilization requirement was an institutionalized violation of human rights, and last week the European Court of Human Rights agreed.

On April 6, it issued a ruling in favor of three transgender people in France who had been barred from changing the names and genders on their birth certificates because they had not been sterilized. In so doing, activists said, the court set a new legal standard that calls for changes to laws in 22 countries under its jurisdiction.

“This decision ends the dark chapter of state-induced sterilization in Europe,” Julia Ehrt, the executive director of Transgender Europe, an advocacy group based in Berlin, said in a statement. “The 22 states in which a sterilization is still mandatory will have to swiftly end this practice.”

The European Court of Human Rights, in the French city of Strasbourg, ruled that the sterilization requirement was a violation of Article Eight of the European Convention on Human Rights, which states “everyone has the right to respect for his private and family life, his home and his correspondence.”





The case was filed by three French citizens, identified in the ruling as Émile Garçon, Stéphane Nicot and by the initials A.P., and the decision is legally binding only in France, where the issue has already been settled by legislative action: Last October it did away with the sterilization requirement and adopted revised procedures for legally changing a name and gender.

But the ruling set a new legal standard for all 47 countries that have signed the European Convention, many of which did not require sterilization in the first place and some of which — like Russia and Turkey — are not members of the European Union.

According to Transgender Europe, the countries that require sterilization are Armenia, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic, Finland, Georgia, Greece, Latvia, Lithuania, Luxembourg, Montenegro, Romania, Russia, Serbia, Slovakia, Slovenia, Switzerland, Turkey and Ukraine.





The ruling does not mean immediate legal change in any of the countries, and none of them have so far changed their laws. The court does not possess a strong enforcement mechanism that can make lawmakers pass new legislation, and activists cautioned that it may take several more court cases before legal change comes to individual countries.

But nevertheless, many greeted the ruling as an important milestone.

“The European Court of Human Rights is very much respected in Europe and we can expect that in the majority of countries where this issue comes up, this ruling will be respected as the new precedent,” said Richard Köhler, the senior policy officer at Transgender Europe. He said the first impacts of the decision may be seen in upcoming court cases in Bulgaria and Macedonia.





Sterilization procedures take many forms in the countries where it remains a requirement, said Kyle Knight, a researcher in the lesbian, gay, bisexual and transgender rights division at Human Rights Watch. He said some countries mandate the surgical removal of genitalia and reproductive organs while other requirements more vaguely call for procedures that produce “irreversible infertility.”

“All of these are coercive, humiliating, and unnecessary,” he said.

While activists celebrated the ruling, many also said it did not go far enough. Transgender people in many European countries are required to receive a mental health diagnosis or undergo medical examinations before they can legally change their gender, and the court did not find those requirements to be a violation of human rights.





“The court followed its previous arguments that trans issues are medical issues and decided it was in line with European standard of human rights to request a medical exam and a mental health diagnosis,” said Mr. Köhler. “We think the next frontier is to get trans people and trans issues outside the medical framework because no gender identity is pathological or can be determined by someone else except for the person concerned.”





Governments in Western Europe have begun moving away from requiring transgender people to undergo sterilization or gender reassignment surgery in recent years. Mandatory gender reassignment was found to be unlawful in Austria in 2009 and in Germany in 2011. Sterilization requirements were outlawed in Sweden in 2012 and in Norway in 2014.

Only a handful of European countries allow transgender people to legally change their gender without the input of medical or mental health professionals, Mr. Köhler said: Ireland, Denmark, Norway and Malta, which also bans conversion therapy, a collection of pseudo-psychiatric methods that attempt to change a person’s sexual orientation or gender identity.





In the United States, requirements for legally changing one’s name and gender on official documents vary from state to state, said Arli Christian, a state policy counsel at the National Center for Transgender Equality. No proof of gender reassignment surgery is needed to change federally issued documents like a passport, but 23 states require proof of surgery before they allow someone to change state-issued documents like a birth certificate.

トラックバック - http://d.hatena.ne.jp/annojo/20170413