Interim Resolution CM/ResDH(2024)46
Execution of the judgment of the European Court of Human Rights
L. against Lithuania
(Adopted by the Committee of Ministers on 14 March 2024
at the 1492nd meeting of the Ministers’ Deputies)
Application
Case
Judgment of
Final on
27527/03
L.
11/09/2007
31/03/2008
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);
Having regard to the final judgment transmitted by the Court to the Committee in this case and to the violation of Article 8 of the Convention established on account of the absence of legislation to regulate the conditions and procedure for gender reassignment surgery, where the Court held that “until such a law is enacted, no suitable medical facilities appear to be reasonably accessible or available in Lithuania”;
Recalling that following the judgment, measures have been taken to substantially improve the position of transgender adults in Lithuania as described by the Court, including consolidation of the case law of the domestic courts:
- on the interpretation of the notion of gender reassignment, permitting changes to official documents even in the absence of full gender reassignment surgery; and
- confirming a right to claim compensation for both non-pecuniary and pecuniary damage for the financial costs of certain medical procedures;
and the adoption of legislative amendments at the sub-statutory level:
- to enable transgender persons to change their first names and surnames in line with their gender identity through an administrative procedure, and
- to ensure a coordinated and uniform diagnosis, and more flexible access to medical services for transgender persons;
Recalling however that for the full execution of this judgment, the Lithuanian authorities must ensure the adoption of a clear legislative framework regulating the conditions and procedures for gender reassignment;
Expressing concern therefore that, despite the Committee’s repeated calls, no progress has been achieved in this legislative process, and the legislative lacuna regulating the conditions and procedures for full gender reassignment surgery still exists more than 15 years since the judgment became final;
Underlining the obligation of every State, under the terms of Article 46, paragraph 1, of the Convention to abide by the final judgments of the Court in any case to which they are a party, fully, effectively and promptly;
EXHORTED the authorities to take all necessary action with a view to ensuring that the general measures required by this judgment are implemented without any further delay;
REQUESTED the authorities to inform the Committee of the timetable set for the completion of the necessary legislative process;
DECIDED to resume examination of this item at its DH meeting of March 2025 at the latest.