Volltextveröffentlichungen (3)

• Europäischer Gerichtshof für Menschenrechte

  SHEFFIELD ET HORSHAM c. ROYAUME-UNI

  Art. 8, Art. 8 Abs. 1, Art. 12, Art. 13, Art. 14+8, Art. 14 MRK
  Non-violation de l'art. 8 Non-violation de l'art. 12 Non-violation de l'art. 14+8 Non-lieu à examiner l'art. 13 (französisch)

• Europäischer Gerichtshof für Menschenrechte

  SHEFFIELD AND HORSHAM v. THE UNITED KINGDOM

  Art. 8, Art. 8 Abs. 1, Art. 12, Art. 13, Art. 14+8, Art. 14 MRK
  No violation of Art. 8 No violation of Art. 12 No violation of Art. 14+8 Not necessary to examine Art. 13 (englisch)

• juris(Abodienst) (Volltext/Leitsatz)

Kurzfassungen/Presse

• RIS Bundeskanzleramt Österreich (Ausführliche Zusammenfassung)

Verfahrensgang

• EKMR, 04.09.1995 - 22985/93
• EKMR, 19.01.1996 - 22985/93
• EKMR, 21.01.1997 - 22985/93
• EGMR, 30.07.1998 - 22985/93, 23390/94, 31/1997/815/1018, 32/1997/816/1019

Wird zitiert von ...Neu Zitiert selbst (5)

• EGMR, 27.09.1990 - 10843/84

  COSSEY v. THE UNITED KINGDOM

  Auszug aus EGMR, 30.07.1998 - 22985/93

  The Court reiterated that view in its Cossey v. the United Kingdom judgment of 27 September 1990 (Series A no. 184, p. 17, § 41).

  In its Cossey v. the United Kingdom judgment of 27 September 1990 (Series A no. 184) the Court was faced with essentially the same question and, by the much narrower vote of ten to eight, reaffirmed its judgment in the Rees case.

  And in its Cossey judgment the Court expressly raised the question whether a departure from its Rees judgment was warranted in order to ensure that the interpretation of Article 8 on the point in issue remain in line with present-day conditions (Cossey v. the United Kingdom judgment of 27 September 1990, Series A no. 184, pp. 14 and 16, §§ 35 and 40).

  This urge for full legal recognition is part of the transsexual's plight" (Series A no. 184, p. 23).

  To the extent that there are certain specific features of any relevance, these may be taken into consideration when adopting the required measures, since no uniform model has to be followed in that respect (see also Judges Bindschedler-Robert and Russo in their joint partly dissenting opinion in the Cossey case and Judge Martens in his dissenting opinion in that case, Series A no. 184, pp. 20 and 29-30 respectively).

• EGMR, 17.10.1986 - 9532/81

  REES v. THE UNITED KINGDOM

  Auszug aus EGMR, 30.07.1998 - 22985/93

  The applicants recalled that the Court in its Rees v. the United Kingdom judgment of 17 October 1986 (Series A no. 106, pp. 18-19, § 47) had stated that the respondent State should keep the need for appropriate legal measures in the area of transsexualism under review having regard in particular to scientific and societal developments.

  In Rees v. the United Kingdom (judgment of 17 October 1986, Series A no. 106) it examined the issue from the standpoint of whether there existed a positive obligation on the State under Article 8 to enable the newly acquired postoperative sexual identity to be entered in the register of births.

  As is well known, already in its Rees judgment the Court stated in so many words that in the area of the legal recognition of gender reassignment, "the law appears to be in a transitional stage" and that "[t]he need for appropriate legal measures should be kept under review having regard particularly to scientific and societal developments" (Rees v. the United Kingdom judgment of 17 October 1986, Series A no. 106, pp. 15 and 19, §§ 37 and 47).

• EGMR, 13.06.1979 - 6833/74

  MARCKX v. BELGIUM

  Auszug aus EGMR, 30.07.1998 - 22985/93

  Bearing in mind that the Convention must be interpreted in the light of modern-day conditions, enough has been achieved today in Europe to sustain this argument (cf. the inferior state of evolution in the law concerning maternal affiliation which the Court considered to be persuasive in its Marckx v. Belgium judgment of 13 June 1979, Series A no. 31, pp. 18-20, §§ 40-41).
• EGMR, 22.10.1981 - 7525/76

  DUDGEON c. ROYAUME-UNI

  Auszug aus EGMR, 30.07.1998 - 22985/93

  Secondly, I refer to the Court's case-law, for instance its Dudgeon v. the United Kingdom judgment of 22 October 1981 (Series A no. 45, p. 18, § 41), where it held that "the maintenance in force of the impugned legislation constitutes a continuing interference with the applicant's right to respect for his private life... within the meaning of Article 8 § 1. In the personal circumstances of the applicant, the very existence of the legislation continuously and directly affects his private life".
• EGMR, 25.03.1992 - 13343/87

  B. c. FRANCE

  Auszug aus EGMR, 30.07.1998 - 22985/93

  This view was confirmed subsequently in the Court's B. v. France judgment of 25 March 1992 (Series A no. 232-C) in which it observed that there still remained uncertainty as to the essential nature of transsexualism and that the legitimacy of surgical intervention in such cases is sometimes questioned (p. 49, § 48).

• EGMR, 30.07.1998 - 23390/94
  22985/93 und Bsw.