We would like to share the information about several legal cases recently won by our lawyers, concerning gender recognition in Russia.
A legal argument was won in Moscow:
R., transsexual man, got a refusal from Civil Registry Office by a typical formal reason: absence of the required medical document. He contacted lawyers of our project with this official refusal and medical certificates confirming conduction of hormone replacement therapy and surgical procedures.
Our lawyers helped R. apply to the court for ascertainment of the fact of sex reassignment and making amendments to the birth record. Hearing took place in the Gagarinsky district court in Moscow. Applicant wasn’t present (his interests were represented by three lawyers of our project), and judge accepted that understandingly.
The judge questioned applicant’s mother and two of his doctors – psychiatrist and endocrinologist – as witnesses. It was testimony of the doctors that convinced judge to deliver a judgement in favor of the applicant: they stated that R. needs correction of his documents, that his “desire to change biological sex is firm and irrevocable” and that ongoing contradiction between his appearance and his documents leads to increased depression.
This case is one more example of a situation when doctors provided priceless help. The court satisfied all demands of the applicant and obliged Civil Registry to make amendments to the birth record.
The next victory was achieved by our lawyers in Novosibirsk:
M., transsexual man, contacted us after refusal from Civil Registry Office for the very same reason – the lack of a form of the required medical document.
- was in a possession of several medical documents, the certificate of surgical correction (mastectomy) among them.
Court preference was drawn up and submitted to the court by the lawyers of the project.
After a preliminary meeting applicant and lawyer petitioned for judicial request for expert opinion, so hearing of a case was postponed.
In the course of the next court session, having considered the expert opinion, explaining the need of the passport sex change within the “transsexualism treatment” frame, the court made a positive decision in favor of the applicant.
It should be noted that the expert opinions are often an integral part of the justification of the stated requirements, because judges are not always familiar with the detailed information about transgender people and care involved.
Another case was won in the Balashikhinsky district court of Moscow:
K., a transsexual man, contacted Transgender Legal Defense Project after being refused birth certificate change by Civil Registry.
It is worth noting that, according to the client, authorities were ready to amend the record without a court trial, but could not do it because K. is a native of Ukraine, and thus his birth record is located in Ukrainian Civil Registry.
Our lawyers considered an option for conducting the following strategy: to restore his birth record in Russia and make amendments to it. But in the end the Civil Registry office still refused to address this issue without trial.
Our lawyers wrote application to the court to confirm the fact of sex change and make amendments to the birth record. Ukrainian registry office was involved as a third party together with the regional registry office, but did not respond to requests.
After consideration of the application and of the documents submitted, the court granted the applicant’s claim in full, ordering the Civil Registry to make amendments to the birth record.
After court decisions entered into legal force, our clients were able to change birth certificates and passports.
To get more info about our legal victories, as well as read complete court decisions, you can visit:
The lawyers of our project provide free legal advice and represent our clients in courts in matters of legal gender recognition.
To get the help of our lawyers, please contact us at e-mail: Pravo.Trans@gmail.com