@article{8586242,
  abstract     = {{The European Court of Human Rights is the human rights monitoring body that has dealt with the largest number of cases related to gender identity and trans* persons. In this regard, it has recognised under Article 8 ECHR both a right to gender self-determination and a positive obligation for the State to adopt a procedure for legal gender recognition. However, Contracting States were given a wide margin of appreciation to set conditions for the legal recognition of a person's actual gender identity, leading to the acceptance by the Strasbourg Court of pathologising requirements such as a diagnosis of gender dysphoria and compulsory sex reassignment surgery. This contribution analyses and conceptually explains this message of trans* pathologisation in the ECtHR's case law. Subsequently, on a normative level, it argues that this case law cannot be upheld taking into account the international trend towards full trans* depathologisation, and the scope of the margin of appreciation that States (ought to) have in cases concerning gender identity.}},
  author       = {{Cannoot, Pieter}},
  issn         = {{0924-0519}},
  journal      = {{NETHERLANDS QUARTERLY OF HUMAN RIGHTS}},
  keywords     = {{European Court of Human Rights,trans* persons,gender nonconformity,pathologisation,gender self-determination,DEPATHOLOGISATION,PREVALENCE}},
  language     = {{eng}},
  number       = {{1}},
  pages        = {{14--35}},
  title        = {{The pathologisation of trans* persons in the ECtHR's case law on legal gender recognition}},
  url          = {{http://doi.org/10.1177/0924051918820984}},
  volume       = {{37}},
  year         = {{2019}},
}

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