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CASE OF B. AGAINST FRANCE

Doc ref: 13343/87 • ECHR ID: 001-55573

Document date: November 9, 1993

Inbound citations: 2
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Cited paragraphs: 0
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Outbound citations: 0

CASE OF B. AGAINST FRANCE

Doc ref: 13343/87 • ECHR ID: 001-55573

Document date: November 9, 1993

Cited paragraphs only

The Committee of Ministers, under the terms of Article 54

(art. 54) of the Convention for the Protection of Human Rights

and Fundamental Freedoms (hereinafter referred to as "the

Convention"),

Having regard to the judgment of the European Court of Human

Rights in the case of B. against France delivered on

25 March 1992 and transmitted the same day to the Committee of

Ministers;

Recalling that the case originated in an application against

France lodged with the European Commission of Human Rights on

28 September 1987 under Article 25 (art. 25) of the Convention

by Miss B., a French national, who complained of the refusal of

the French authorities to recognise her true sexual identity

after a change of sex, in particular their refusal to allow her

the change of civil status sought;

Recalling that the case was brought before the Court by the

Commission on 12 November 1990;

Whereas in its judgment of 25 March 1992 the Court:

- held, by sixteen votes to five, that it had

jurisdiction to examine the Government's preliminary

objections;

- dismissed them unanimously;

- held, by fifteen votes to six, that there had been a

violation of Article 8 (art. 8);

- held unanimously that it was not necessary also to

examine the case from the point of view of Article 3

(art. 3);

- held by fifteen votes to six that the respondent state

was to pay the applicant, within three months, 100 000

French francs in respect of non-pecuniary damage and

35 000 French francs for costs and expenses;

- dismissed unanimously the remainder of the claim for

just satisfaction;

Having regard to the Rules adopted by the Committee of

Ministers concerning the application of Article 54

(art. 54) of the Convention;

Having invited the Government of France to inform it of the

measures which had been taken in consequence of the judgment of

25 March 1992, having regard to its obligation under Article 53

(art. 53) of the Convention to abide by it;

Whereas, during the examination of the case by the Committee

of Ministers, the Government of France gave the Committee

information about the measures taken in consequence of the

judgment, which information appears in the appendix to this

resolution;

Having satisfied itself that the Government of France has

paid the applicant the sums provided for in the judgment,

Declares, after having taken note of the information

supplied by the Government of France, that it has exercised its

functions under Article 54 (art. 54) of the Convention in this

case.

Appendix to Resolution DH (93) 52

Information provided by the Government of France

during the examination of the case of B. against France

by the Committee of Ministers

In two judgments rendered on 11 December 1992, the Court of

Cassation, sitting in plenary assembly, established a precedent

which will prevent cases such as the applicant's from

reoccurring. In these judgments the Court of Cassation held,

inter alia:

"that when, after having undergone a medical and surgical

treatment having a therapeutical purpose, a person

presenting transsexual syndromes no longer possesses all

the characteristics of her original sex and has taken on a

physical appearance bringing her close to the other sex, to

which corresponds also her social behaviour, the respect

due to private life justifies that her civil status shall

henceforth indicate the sex of her appearance; that the

principle of the inalienability of the status of

individuals does not prevent such a change."

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