Presude Evropskog suda za ljudska prava u Strazburu u korist transseksualnih osoba
Judgements Of The European Court Of Human Rights In Favor Of Transsexuals

Summary/Abstract: In the article are presented five decisions of the European Court of Human Rights/Strassbourg, which dealt with gender identity as a part of recognized right to privacy: Goodwin v. United Kingdom, Van Kueck v. Germany, Grant v. United Kingdom, L. v. Lithuania, and Schlumpf v. Switzerland. The decisions of the ECHR oblige the state parties to share the costs of medical treatment of transsexuals and to develop good enough legal frameworks which regulate medical treatment and following changes in official status of the transsexuals. The standpoint of the Court is that the states have duty and transsexuals right to receive adequate medical treatment and official changes of their legal identity and status. Dissatisfactory and unacceptable is the legal situation of the transsexuals who passed the genital reconstruction operation without possibility to change their personal documents and other elements of legal status and thus to live in social vacuum, not belonging to any sex. The author also analyzed the transsexuality as always existing phenomena, known in Serbia too, although perceived as the very modern one. There also is the strong plea for protection of human rights of transsexual persons who certainly are not perverts, immoral or unstable personalities and who should be protected against discrimination and violence. There are also examples of different terminology in use, where the author stresses that the language also might be discriminative what should be avoided. The article is concluded by presentation of the five new politics in domain of transsexuality among which the most important is the March decision of the Constitutional Court of Republic of Serbia on obligatory change of personal names after the genital reconstruction operation.

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