W. AGAINST THE UNITED KINGDOM

Doc ref: 11095/84 • ECHR ID: 001-49288

Document date: September 19, 1989

Doc ref: 11095/84 • ECHR ID: 001-49288

Document date: September 19, 1989

Cited paragraphs only

The Committee of Ministers, under the terms of Article 32

(art. 32) of the Convention for the Protection of Human Rights and

Fundamental Freedoms (hereinafter referred to as "the Convention"),

Having regard to the report drawn up by the European Commission of

Human Rights in accordance with Article 31 (art. 31) of the Convention

relating to the application lodged on 16 August 1984 by a British

citizen, W., against the United Kingdom (No. 11095/84);

Whereas on 18 April 1989 the Commission transmitted the said report to

the Committee of Ministers and whereas the period of three months

provided for in Article 32, paragraph 1 (art. 32-1), of the

Convention elapsed without the case having been brought before the

European Court of Human Rights in pursuance of Article 48 (art. 48)

of the Convention;

Whereas in her application the applicant, who is a transsexual,

complained that under United Kingdom law she could not claim

recognition of her change in status from male to female by a

modification of the birth register and of her birth certificate and

could not marry a person of male sex and adopt children with him,

alleging violations of Articles 8 and 12 (art. 8, art. 12)

of the Convention;

Whereas the Commission declared the application admissible on 10

October 1985 and in its report adopted on 7 March 1989 expressed the

opinion, unanimously, that there had been no violation of Article 8

(art. 8) of the Convention and, by thirteen votes to one, that there

had been no violation of Article 12 (art. 12) of the Convention;

Agreeing with the opinion expressed by the Commission in accordance

with Article 31, paragraph 1 (art. 31-1), of the Convention;

Voting in accordance with the provisions of Article 32, paragraph 1

(art. 32-1), of the Convention,

Decides that in this case there has been no violation of the

Convention.

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