Adjudication of asylum claims (refugee status determination / asylum procedures) / Persecution on the basis of sexual orientation or gender identity

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 | Document type: Case Law | 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

November 2017 | Publisher: Ireland: Refugee Documentation Centre | Document type: Country News

March 2016 | Publisher: European Union: European Agency for Fundamental Rights | Document type: Thematic Reports

21 October 2015 | Publisher: European Council on Refugees and Exiles | Document type: Court Interventions / Amicus Curiae

October 2013 | Publisher: Article 19 | Document type: Policy/Position Papers

17 May 2013 | Publisher: International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) | Document type: Annual Reports