The Recent Transgender Court Decision in Czechia

The present commentary examines the recent transgender court decision by the Czech Constitutional Court (CCC). In this decision, the CCC held that compulsory sterilisation and/or castration in the context of legal gender reassignment constitute a violation of human rights. This could be considered as a significant development in the Central and Eastern European context. Nevertheless, the commentary also addresses some of the more problematic aspects of the CCC’s decision. It begins by providing factual background and describing the Court's conclusions. Subsequently, the core part of the commentary aims to critically analyse the decision itself, both from internal and external legal perspectives. The commentary concludes by underlining the fact that on balance, the decisions is a step in the right direction and might serve as an inspiration for other constitutional courts in the region.

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Publication Details

Journal
Bratislava Law Review
Published
2024-12-31
DOI
https://doi.org/10.46282/blr.2024.8.2.946
Primary Topic
Discrimination and Equality Law
Type
article
Field-Weighted Citation Impact
0.00

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article

The Recent Transgender Court Decision in Czechia

Olexij Meteňkanyč, Nikolas Sabján
Bratislava Law Review
Discrimination and Equality Law
article

The Recent Transgender Court Decision in Czechia

Olexij Meteňkanyč, Nikolas Sabján
article en

Abstract

The present commentary examines the recent transgender court decision by the Czech Constitutional Court (CCC). In this decision, the CCC held that compulsory sterilisation and/or castration in the context of legal gender reassignment constitute a violation of human rights. This could be considered as a significant development in the Central and Eastern European context. Nevertheless, the commentary also addresses some of the more problematic aspects of the CCC’s decision. It begins by providing factual background and describing the Court's conclusions. Subsequently, the core part of the commentary aims to critically analyse the decision itself, both from internal and external legal perspectives. The commentary concludes by underlining the fact that on balance, the decisions is a step in the right direction and might serve as an inspiration for other constitutional courts in the region.

Bratislava Law ReviewVol. 8(2)
Comenius University Bratislava (SK)
Agentúra na Podporu Výskumu a Vývoja
Gender equality
Openalex Percentile: Top 54%
Discrimination and Equality Law
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The Recent Transgender Court Decision in Czechia — Olexij Meteňkanyč, Nikolas Sabján · Bratislava Law Review (2024) | TGRS Research Map | TGRS