CEDH · PRESS;HEARINGS;ENG — 17 octobre 2006

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sBB9EE52A { font-family:Arial } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .sA36B60A1 { font-family:Arial; font-style:italic } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .s69BE285C { margin-top:0pt; margin-left:85.05pt; margin-bottom:0pt; text-indent:-85.05pt } .s9A223E1B { width:11.03pt; text-indent:0pt; display:inline-block } .s595A57E4 { width:85.05pt; text-indent:0pt; display:inline-block } .s3CED24E9 { width:27.05pt; text-indent:0pt; display:inline-block } .sC7EAD8B { font-family:Arial; font-weight:bold; text-decoration:underline } EUROPEAN COURT OF HUMAN RIGHTS   595 17.10.2006   Press release issued by the Registrar   CHAMBER HEARING L. v. LITHUANIA   The European Court of Human Rights is holding a Chamber hearing today at 9 a.m., on the merits in the case of L. v. Lithuania (application no. 27527/03).   The applicant   The case concerns an application brought by a Lithuanian national, Mr L. who was born in 1978 and lives in Klaipėda (Lithuania). At birth he was registered as a girl, with a name clearly identifiable as female. However, from an early age, he submits that he felt his gender was male rather than female.   Summary of the facts   On 18 May 1997 the applicant consulted a micro-surgeon about gender reassignment, who recommended that he consult a psychologist. He therefore went to Vilnius Psychiatric Hospital for tests in November 1997, where (it was later confirmed) he was diagnosed as a transsexual. On 16 December 1997 a doctor at Vilnius University Santariškės Hospital also diagnosed the applicant as a transsexual and advised that he consult a psychologist.   An entry in the applicant’s medical file of 28   January 1998 included a recommendation that he pursue hormone treatment with a view to eventual gender reassignment surgery, following which he was officially prescribed hormone treatment for two months.   The applicant submits that in 1999 his doctor refused to prescribe hormone therapy, in view of the legal uncertainly as to whether or not full gender reassignment could be legally carried out. Thereafter the applicant continued the hormone treatment “unofficially”.   In 1999 the applicant went to Vilnius University, where his request to be registered under his chosen male name was accepted on compassionate grounds. However, his request the same year – that that his name on all official documents be changed to reflect his male identity –was refused.   From 3 to 9 May 2000 the applicant underwent “partial gender reassignment surgery”, namely a breast removal procedure, in the light of the new Civil Code which was due to be adopted. Article 2.27 § 1 of the Code, which entered into force on 1 July 2003, provides that “an unmarried adult has the right to gender reassignment ( pakeisti lytį ) in a medical way, if that is medically possible”. The second paragraph of the provision stipulates that “the conditions and procedure for gender reassignment shall be established by law”. The applicant agreed with the doctors that a further surgical step would be carried out following the adoption of the relevant laws governing those “conditions and procedures”. No such laws have as yet been adopted.   In 2000, with the assistance of a Lithuanian Member of Parliament, the applicant chose a new name and surname for his birth certificate and passport, which were of Slavic origin, to avoid disclosing his gender; Lithuanian names and surnames are gender-sensitive. However, his personal code on his new birth certificate and passport (and on his Vilnius University diploma) remains unchanged; as it starts with the number four, it identifies his gender as female.   The applicant maintains that he faces a vast amount of daily embarrassment and difficulties; for example, he is unable to apply for a job, pay social security contributions, consult a doctor, communicate with the authorities, obtain a bank loan or cross the State border, without his female gender being disclosed.   Complaints   The applicant complains about the lack of legislation allowing him to complete gender reassignment surgery and pursue his life as a person of male gender, relying on Articles   3 (prohibition of degrading treatment) of the European Convention on Human Rights, 8 (right to respect for private life), 12 (right to marry), and 14 (prohibition of discrimination).   Procedure   The application was lodged with the European Court of Human Rights on 14 August 2003 and declared admissible on 6 July 2006.   Composition of the Court   The case will be heard by a Chamber composed as follows:   Jean-Paul Costa (French), President , András Baka (Hungarian), Riza Türmen (Turkish), Mindia Ugrekhelidze (Georgian), Elisabet Fura-Sandström (Swedish), Danutė Jočienė (Lithuanian), Dragoljub Popović (Serbian), judges , Ireneu Cabral Barreto (Portuguese), Antonella Mularoni (San Marinese), substitute judges , and also Sally Dollé , Section Registrar .   Representatives of the parties   Government :   Elvyra Baltutytė , Agent ,   Lina Urbaitė , Adviser;   Applicant :   Henrikas Mickevičius , Counsel ,   Asta Radvilaitė , Adviser .   ***   After the hearing the Court will begin its deliberations, which are held in private. Judgment will be delivered at a later date.   Press contacts Emma Hellyer (telephone: 00 33 (0)3 90 21 42 15) Stéphanie Klein (telephone: 00 33 (0)3 88 41 21 54) Beverley Jacobs (telephone: 00 33 (0)3 90 21 54 21)   The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights.