Forced sterilazations abolished!The Stockholm administrative court has just come to the decision that the requirement of being barren, for a applicant who wants new legal gender, is in conflict with the European convention. Therefore, the reqirement should not be used.
It was last year the Discriminationbyreau in Uppsala handled in a case to the court, where a transsexeual man made an appeal about the decision he got from the authority which manages issues about changes of legal gender, the Law Council of The National Board of Health and Welfare. The Council turned the applicants wish down, saying he didn´t fullfill the requirement about sterilization stated in the law.
Now the court has decided the that the requirement of sterilization is in conflict with articel 8 in the European Convention, and cannot therefore be used.
If this decision becomes a precendant, that mean, not only the applicant but every transsexual in Sweden from this day has the right to change legal gender, without being forced to undergo sterilazation. Since there are no other medical or surgical requirements, Sweden now in practice, but not jet in law, does fullfill the Recommendations to Council of Europe member states, stated by Thomas Hammarberg, Commissioner for Human Rights. The recommendations says that no memberstate of the European Council should require any medical or surgical procedures from people who wants to change legal gender.
The Law Council of The National Board of Health and Welfare has so far said nothing about if they will appeal. But in 2010 The National Board of Health and Welfare in a report clearly argumented against the sterilazation requirement. So they are likely not to appeal, I would say.
Media: The Local