The Czech Republic violates the human rights of transgender people as guaranteed by the European Social Charter, found a decision that was made public this Monday. The case had been brought jointly by Transgender Europe and ILGA-Europe in 2015 in cooperation with local activists using the collective complaint mechanism. It is the first transgender discrimination case decided under that procedure.

“We are greatly relieved about the Committee’s decision. Forced sterilisation of trans people is still happening in the Czech Republic. This is inhumane and has to stop!” comment the two networks.

The Committee of the Social Charter found that legal requirement for transgender persons in the Czech Republic to undergo medical sterilization in order to have their gender identity recognized seriously impacts a person’s health, physical and psychological integrity, and dignity. The Committee emphasised the importance of the right to give free consent when accessing medical treatment:

“Guaranteeing free consent is fundamental to the enjoyment of the right to health, and is integral to autonomy and human dignity and the obligation to protect the right to health.” (paragraph 82)

The Committee reiterated that gender recognition in itself is a right recognised under international human rights law. Echoing the European Court of Human Rights, the Committee stated that trans people should not be forced to choose between their gender identity and physical integrity. The World Health Organisation stated in July 2018 that transgender people should not be longer regarded as having a mental disorder.

“We call upon the Czech Republic to immediately take steps and implement a gender recognition procedure that is quick, transparent and accessible and based on self-determination. Such a reform needs to centre on those whose lives are directly affected.” comment TGEU and ILGA-Europe.