Resolution CM/ResDH(2020)131
Execution of the judgment of the European Court of Human Rights
S.V. against Italy
(Adopted by the Committee of Ministers on 1 July 2020
at the 1380th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
55216/08
S.V.
11/10/2018
11/01/2019
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 due to the refusal by the authorities, between 2001 and 2003, to authorise the change of the applicant’s forename prior to the completion, ascertained by a final judicial decision, of the gender transition process by means of gender reassignment surgery;
Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:
- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;
Having examined the communication provided by the government indicating the measures adopted to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2019)1337);
Having noted, as regards the individual measures, that the violation suffered by the applicant had come to an end by the time the European Court delivered its judgment, following a decision by the Rome District Court in 2003 ordering the municipal authorities to change the indication of the applicant’s gender and forename in the civil-status records;
Having further noted, as regards the general measures, that legislative measures adopted in 2011 and the evolution in the relevant case-law of the Court of Cassation and the Constitutional Court have ensured that domestic courts can order a change in the forename when they authorise a gender reassignment surgery or, for individuals choosing not to undergo such surgery, once they have ascertained that the gender transition process is serious, unambiguous and definitive;
Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination thereof.
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