Information Note on the Court’s case-law 250

April 2021

L.B. v. France (communicated case) - 67839/17

Article 8

Expulsion

Situation of an intersex person in the country of return: communicated

Article 3

Expulsion

Situation of an intersex person in the country of return: communicated

The case concerned the expulsion to Morocco, after the rejection of his asylum application, of an intersex person of Moroccan nationality who had undergone gender reassignment treatment in France. He submitted that the expulsion had effectively put an end to his medical gender reassignment treatment, since such treatment was not available in Morocco. Furthermore, since intersexuality is prohibited in Morocco, the applicant submits that he is regarded in that country as a homosexual person, with the risk of social rejection and criminal proceedings, exacerbated by his isolation and the fact that the associations for the defence of LGBTI persons are not officially recognised. He also complained, inter alia , of his inability to affirm his gender identity owing to the termination of his medical and surgical treatment.

Case communicated under Articles 3 and 8 of the Convention.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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