The Committee of Ministers, under the terms of Article 54
(art. 54) of the Convention for the Protection of Human Rights
and Fundamental Freedoms (hereinafter referred to as "the
Convention"),
Having regard to the judgment of the European Court of Human
Rights in the case of B. against France delivered on
25 March 1992 and transmitted the same day to the Committee of
Ministers;
Recalling that the case originated in an application against
France lodged with the European Commission of Human Rights on
28 September 1987 under Article 25 (art. 25) of the Convention
by Miss B., a French national, who complained of the refusal of
the French authorities to recognise her true sexual identity
after a change of sex, in particular their refusal to allow her
the change of civil status sought;
Recalling that the case was brought before the Court by the
Commission on 12 November 1990;
Whereas in its judgment of 25 March 1992 the Court:
- held, by sixteen votes to five, that it had
jurisdiction to examine the Government's preliminary
objections;
- dismissed them unanimously;
- held, by fifteen votes to six, that there had been a
violation of Article 8 (art. 8);
- held unanimously that it was not necessary also to
examine the case from the point of view of Article 3
(art. 3);
- held by fifteen votes to six that the respondent state
was to pay the applicant, within three months, 100 000
French francs in respect of non-pecuniary damage and
35 000 French francs for costs and expenses;
- dismissed unanimously the remainder of the claim for
just satisfaction;
Having regard to the Rules adopted by the Committee of
Ministers concerning the application of Article 54
(art. 54) of the Convention;
Having invited the Government of France to inform it of the
measures which had been taken in consequence of the judgment of
25 March 1992, having regard to its obligation under Article 53
(art. 53) of the Convention to abide by it;
Whereas, during the examination of the case by the Committee
of Ministers, the Government of France gave the Committee
information about the measures taken in consequence of the
judgment, which information appears in the appendix to this
resolution;
Having satisfied itself that the Government of France has
paid the applicant the sums provided for in the judgment,
Declares, after having taken note of the information
supplied by the Government of France, that it has exercised its
functions under Article 54 (art. 54) of the Convention in this
case.
Appendix to Resolution DH (93) 52
Information provided by the Government of France
during the examination of the case of B. against France
by the Committee of Ministers
In two judgments rendered on 11 December 1992, the Court of
Cassation, sitting in plenary assembly, established a precedent
which will prevent cases such as the applicant's from
reoccurring. In these judgments the Court of Cassation held,
inter alia:
"that when, after having undergone a medical and surgical
treatment having a therapeutical purpose, a person
presenting transsexual syndromes no longer possesses all
the characteristics of her original sex and has taken on a
physical appearance bringing her close to the other sex, to
which corresponds also her social behaviour, the respect
due to private life justifies that her civil status shall
henceforth indicate the sex of her appearance; that the
principle of the inalienability of the status of
individuals does not prevent such a change."
Full & Egal Universal Law Academy