Resolution CM/ResDH(2011)175[1]
Execution of judgments of the European Court of Human Rights
Cases of I. and Christine Goodwin against the United Kingdom
(I., Application No.25680/94, judgment of 11 July 2002 - Grand Chamber
Christine Goodwin, Application No 28957/95, judgment of 11 July 2002 - Grand Chamber)
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 judgments transmitted by the Court to the Committee once they had become final;
Recalling that the violations of the Convention found by the Court in these cases concern the state’s failure to comply with its positive obligation to ensure respect for the right to private life of the applicants (post-operative transsexuals) due to the refusal legally to recognise their gender re-assignment (violations of Article 8), including the impossibility to marry a person of the sex opposite to their re-assigned gender (violations of Article 12) (see details in Appendix);
Having invited the government of the respondent state to inform the Committee of the measures taken to comply with its obligation under Article 46, paragraph 1, of the Convention to abide by the judgments;
Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that the respondent state paid the applicants the just satisfaction provided in the judgments (see details in Appendix),
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgments, the adoption by the respondent state, where appropriate, of
- individual measures to put an end to the violations and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- general measures preventing, similar violations;
DECLARES, that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and
DECIDES to close the examination thereof.
Appendix to Resolution CM/ResDH(2011)175
Information on the measures taken to comply with the judgment in the cases of
I. and Christine Goodwin against the United Kingdom
Introductory case summary
These cases concern the state’s failure to comply with its positive obligation to ensure the right of the applicants (post-operative, male-to-female transsexuals) to respect for their private life, in particular due to the lack of legal recognition given to their gender re-assignment (violations of Article 8), as well as the impossibility for them to marry a person of the sex opposite to their re-assigned gender (violations of Article 12).
I.Payment of just satisfaction and individual measures
a) Details of just satisfaction
Name and application number
Pecuniary damage
Non-pecuniary damage
Costs and expenses
Total
I. (25680/94)
-
39 000 EUR
39 000 EUR
Paid on 19/06/2003
Christine Goodwin (28957/95)
-
39 000 EUR
39 000 EUR
Paid on 20/05/2003
b) Individual measures
Following the passage of the Gender Recognition Act 2004 and since the Gender Recognition Panel began working in April 2005 (see General Measures section below), it has been possible for the applicants to apply for legal recognition of their acquired gender.
The Court considered in both cases that the finding of a violation constituted in itself sufficient just satisfaction in respect of any non-pecuniary damage sustained by the applicants.
The Committee of Ministers considers that no further individual measures are required.
II.General measures
The Gender Recognition Act 2004 (“the Act”), which came into force on 4 April 2005, allows transsexual people who have taken decisive steps to live fully and permanently in their acquired gender to gain legal recognition in that gender. The Gender Recognition Panel established under this Act is responsible for determining applications for legal recognition of acquired gender. Successful applicants are issued with a Gender Recognition Certificate. Further information on the Gender Recognition Panel can be found at .
Under section 9 of the Act, individuals who have been granted legal recognition of their acquired gender by the Gender Recognition Panel are granted this recognition for all purposes. Accordingly, they are entitled to marry a person of the gender opposite to their acquired gender.
III.Conclusions of the respondent state
The government considers that the consequences of the violations for the applicants have been remedied, that the measures adopted will prevent similar violations and that the United Kingdom has thus complied with its obligations under Article 46, paragraph 1, of the Convention.
[1] Adopted by the Committee of Ministers on 14 September 2011 at the 1120th Meeting of the Ministers’ Deputies
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