Case Law

The case concerned a transgender man from Iran who had obtained asylum in Hungary but could not legally change his gender and name in that country. The Court noted that the domestic system for gender recognition had excluded the applicant simply because he did not have a birth certificate from Hungary, a change in the birth register being the way name and gender changes were legally recognised. The Court concluded that a fair balance had not been struck between the public interest and the applicant’s right to respect for his private life owing to the refusal to give him access to the legal gender recognition procedure.

16 July 2020 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Birth Certificates - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Right to family life | Countries: Hungary - Iran, Islamic Republic of

24 January 2019 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Human rights law - Right to family life | Countries: Italy

in a case which concerns family life as well as immigration, the extent of a State’s obligations will vary according to the particular circumstances of the persons involved and the general interest.

1 March 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Expulsion - Rejected asylum-seekers - Residence permits / Residency - Right to family life | Countries: Germany - Nigeria

Linked applications: 26268/09, 33314/09 and 53926/09

19 June 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Decision on admissibility - Effective remedy - Freedom from torture, inhuman and degrading treatment - Right to family life - Rule of law / Due process / Procedural fairness | Countries: Afghanistan - Netherlands

25 April 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Complementary forms of protection - Criminal justice - Expulsion - National security / Public order - Right to family life | Countries: Austria - Serbia

8 November 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Family reunification - Right to family life | Countries: Albania - Egypt - Switzerland

13 October 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Right to family life | Countries: Greece - Türkiye

30 June 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Right to family life | Countries: Italy - New Zealand

24 May 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Prevention of discrimination - Right to family life | Countries: Denmark - Ghana - Togo