Ukrainian court allowed transgender woman to change documents without an undesirable surgical intervention. It was reported on July 21st by human rights organization "Insight".
On July 10, 2015 the Administrative Court of Kyiv city decided in favor of transgender woman obliging the Commission on the Issues of Change (Correction) of Gender Identification to satisfy the claim of the plaintiff on the legal confirmation of gender identity without undesirable surgical interventions.
Earlier the plaintiff was refused the issuance of a medical certificate as not all surgical procedures prescribed by the Commission were made. The given decision was appealed against via the Administrative Court of Kyiv.
Grounds for the decision of the court were brought by NGO "Insight": specified normative legal acts do not envisage an obligation for the patient to pursue the recommendations in terms of corrective measures if such are provided by the Commission, and also do not include an option of refusal issuing a medical certificate to the patient if the patient does not follow in general or partially follow all the recommendations. Aside the court concluded that the denial of a medical certificate is illegal.
Let us remind that earlier Human Rights Watch, public organization "Insight" and Transgender Europe (TGEU) made a statement that the conditions of the current procedure of legal recognition of gender identity in Ukraine and the methods, which are applied in this case, violate internationally guaranteed rights of transgender people.
Автор: Kira Kowalski
