Transsexuals and European human rights law

Sexual identity is a legal status, and as such it is as much dependent on public policy as on self-identification. However, because this status can be crucial to one's role in society, a conflict between the legal status and an individual's perceptions or aspirations creates a dilemma if society is committed to individual freedom. This difficulty can become particularly acute where it is technically possible for an individual to alter some of the factors used socially or legally to determine sexual identity. This paper analyses these difficulties, both from the situation of endocrine disorder and with respect to gender identity. It argues that this distinction in approach may not be a valid basis for different legal treatment. It considers four major issues: the stage at which a change of gender should be recognised; any preconditions to which a legal change of gender should be made subject; whether legal recognition should be made for all purposes or only for specific areas of the law; and the confidentiality of a person's previous sexual identity. The paper particularly analyses the law in the United Kingdom and then considers other jurisdictions before focusing on the treatment of transsexuals under the European Convention on Human Rights.