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.
violation of article 8 - child’s best interests cannot be confined to keeping the family together
- detention is mesure of last resort -consideration should be given to alternative measures - detention of minors called for greater speed and diligence on the part of the authorities
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.
