Проект правовой помощи трансгендерным людям

Results of our work for 2014:

Lawyers of our project provided 710 legal advice

30 lawyers participated in our project’s work

We conducted or continue to conduct 82 court trials in the interests of 63 transgender people, including:

40 applicants were able to receive positive court judgements

6 of which are cases of legal recognition without surgery

1 is a case about name change without legal gender change

4 applicants received denial in courts of first instance and decided not to continue legal procedures

3 applicants, who received denial in courts of first instance, were helped to appeal to a higher court

1 applicant was helped to appeal to European Court of Human Rights

14 cases are being processed by first instance courts

1 applicant suspended legal case for formal reasons

1 applicant managed to receive legal recognition before appealing to court

We prepared and held several seminars about the rights of transgender people for transgenders, their partners and relatives, including a webinar about legal gender recognition and name change.

We prepared and conducted several trainings for lawyers working with transgender clients

We provided several international organizations with information concerning legal gender recognition – UN Committee against torture, UN Human Rights Committee, UN Committee on the Elimination of Discrimination against Women, European Social Committee, European region of the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA-Europe), Transgender Europe (TGEU)

We helped transgender people from 45 regions of Russia

Results of our work for 2014

In 2014 we provided

0

legal advice

It is
times more than the number of the legal advice provided in 2013

3

18
legal advice were provided to transgender people from Crimea.

Moreover, either legal advice or contacts of specialists were provided in the respective countries to the people from Ukraine, Kazakhstan, India, Uzbekistan and Norway.

Feedback about our work

Competent recommendations for action, adequacy and kindness of the project members, all this conveys good impression of the project. It is important that the help is free, as many people can’t afford legal assistance on a paying basis. (A., February 4, 2014)

You work is really valuable, helpful, important and needful. I haven’t had an opportunity to get acquainted with the different kinds of service you provide, but the answer to my question was incredibly prompt, thoughtful, detailed and very helpful. My gratitude to you is endless. (N., March 15, 2014)

I have very good first impression of your work. There is only one request — that you keep on working. (S., March 18, 2014)

I was helped a lot by providing legal advice on commission, and I thank you for that. If not for the lawyers of this project, I would have had to be supervised by transphobic psychiatrists, who obviously have nothing in common with being professional. (M., December 28, 2014)

The lawyers of the project accompanied our clients in 40 court trials in 14 regions of Russia. Our lawyers represented interests of 29 trans*-people from 13 Russian regions.

Examples of positive court decisions we received:

  • «According to the court, the refusal [refusal of civil registry to change legal ID due to lack of prescribed medical form of gender reassignment document] infringes personal rights and freedom [of the applicant] as guaranteed by the Constitution of the Russian Federation, namely the right to work, protection of dignity, honor and good name, since it deprives the applicant of possibility to find a job, to freely communicate, to realize their abilities». The Court also referred to the Constitution as the law of direct action, which prohibits any restriction of rights and freedoms.
  • «The Court states that the absence (since 1998) of the approved document form violates the applicant's right to privacy, since gender identity is one of the main aspects of private life». The Court also referred to Article 8 of the European Convention and Article 2 of the Constitution of the Russian Federation.
  • «While solving the arisen legal conflict, the court deems necessary to take into account the generally recognized principles and norms of international law.The 1950 Convention is for Russian Federation (a member state of the Council of Europe) one of the fundamental international legal instruments, which takes precedence over national law. In art. 53 "Safeguard for existing human rights" it is provided that "nothing in this Convention shall be construed as limiting or derogating from any of the human rights and fundamental freedoms which may be ensured under the laws of any High Contracting Party or under any other agreement to which it is a Party". According to Part. 1 tbsp. 8 of the Convention, “everyone has the right to respect for his private and family life” ... and according to Part. 2 tbsp. 8 “there shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety … for the protection of health or morals, or for the protection of the rights and freedoms of others”. Within the meaning of Art. 8 of the Convention as assigned to it by the practice of the European Court of Justice, if there is medical evidence of sex change, state authorities are obliged to change the legal documents of a transsexual person. Medical certificates submitted by the applicant confirm the diagnosis "transsexualism"; surgical female to male gender reassignment; irreversibility of the said surgery; recommendation to change the civil (passport) sex»