1.gifThe case concerned the refusal by Max Schlumpf’s health insurers to pay the costs of his sex-change operation on the ground that he had not complied with a two-year period before gender reassignment surgery, as required by the case-law as a condition for payment of the costs of such operations.

The Court held that there had been a violation of Article 8 (right to respect for private and family life) of the Convention. The waiting period had been applied mechanically without having regard to the age (67) of the applicant, whose decision to undergo an
operation was likely to be affected by that delay, thus impairing his “freedom to determine his gender identity.”

Chamber judgment Schlumpf v. Switzerland 08.01.09.

ECHR BLOG_ From Max to Nadine_ Judgment on Transsexuals.