CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 9 novembre 1993

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }       The Committee of Ministers, under the terms of Article 54 (art. 54) of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as "the Convention"),        Having regard to the judgment of the European Court of Human Rights in the case of B. against France delivered on 25 March 1992 and transmitted the same day to the Committee of Ministers;        Recalling that the case originated in an application against France lodged with the European Commission of Human Rights on 28 September 1987 under Article 25 (art. 25) of the Convention by Miss B., a French national, who complained of the refusal of the French authorities to recognise her true sexual identity after a change of sex, in particular their refusal to allow her the change of civil status sought;        Recalling that the case was brought before the Court by the Commission on 12 November 1990;        Whereas in its judgment of 25 March 1992 the Court:   -     held, by sixteen votes to five, that it had      jurisdiction to examine the Government's preliminary      objections;   -     dismissed them unanimously;   -     held, by fifteen votes to six, that there had been a      violation of Article 8 (art. 8);   -     held unanimously that it was not necessary also to      examine the case from the point of view of Article 3      (art. 3);   -     held by fifteen votes to six that the respondent state      was to pay the applicant, within three months, 100 000      French francs in respect of non-pecuniary damage and      35 000 French francs for costs and expenses;   -     dismissed unanimously the remainder of the claim for      just satisfaction;        Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 54 (art. 54) of the Convention;        Having invited the Government of France to inform it of the measures which had been taken in consequence of the judgment of 25 March 1992, having regard to its obligation under Article 53 (art. 53) of the Convention to abide by it;        Whereas, during the examination of the case by the Committee of Ministers, the Government of France gave the Committee information about the measures taken in consequence of the judgment, which information appears in the appendix to this resolution;        Having satisfied itself that the Government of France has paid the applicant the sums provided for in the judgment,        Declares, after having taken note of the information supplied by the Government of France, that it has exercised its functions under Article 54 (art. 54) of the Convention in this case.                  Appendix to Resolution DH (93) 52          Information provided by the Government of France    during the examination of the case of B. against France                  by the Committee of Ministers        In two judgments rendered on 11 December 1992, the Court of Cassation, sitting in plenary assembly, established a precedent which will prevent cases such as the applicant's from reoccurring.   In these judgments the Court of Cassation held, inter alia:        "that when, after having undergone a medical and surgical      treatment having a therapeutical purpose, a person      presenting transsexual syndromes no longer possesses all      the characteristics of her original sex and has taken on a      physical appearance bringing her close to the other sex, to      which corresponds also her social behaviour, the respect      due to private life justifies that her civil status shall      henceforth indicate the sex of her appearance; that the      principle of the inalienability of the status of      individuals does not prevent such a change."