| Applicant name | E.G. AND OTHERS |
| Applicant type | natural person |
| Number of applicants | 18 |
| Country | Hungary |
| Application no. | 12918/19 |
| Date | 21/11/2024 |
| Judges | Alena Poláčková, President, Péter Paczolay, Alain Chablais |
| Institution | Court |
| Type | Judgment |
| Outcome Art. 8 | violation |
| Reason | Positive obligation |
| Type of privacy | Bodily privacy; procedural privacy |
| Keywords | Procedural safeguards |
| Facts of the case | The case concerns the alleged lack of a regulatory framework for the legal recognition of the change of the applicants’ sex/gender marker in the register of births. |
| Analysis | The Court observes in this respect that in practice the applicants would have no other means but to submit a new request for the change of their “sex/gender marker” in the register, which is in turn ruled out under the legislation currently in force. The Court finds that the circumstances of the present case reveal legislative gaps and serious deficiencies that left the applicants in a situation of distressing uncertainty vis-à-vis their private life and the recognition of identity. As stated above, this situation, for which the national authorities bore sole responsibility, is having long-term negative consequences for the applicants’ mental health. The foregoing considerations are sufficient to enable the Court to conclude that the legal framework in force at the material time in the respondent State did not provide “quick, transparent and accessible procedures” for the examination of a request to change the registered sex of transgender people on birth certificates. |
| Other Article violation? | – |
| Damage awarded | that the respondent State is to pay the applicants P.Á., T.CS. and N.G., within three months, the following amounts, to be converted into the currency of the respondent State at the rate applicable at the date of settlement: (i) EUR 10,000 (ten thousand euros) each, plus any tax that may be chargeable, in respect of non-pecuniary damage; (ii) EUR 2,000 (two thousand euros) jointly, plus any tax that may be chargeable to these applicants, in respect of costs and expenses; |
| Documents | Judgment |