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Question for the legal minds and especially sweet Cristine's:
is the UK NHS under a positive obligation to provide sex change aka genital surgery speedily and without needing proof of need as per the ECHR verdicts in Van Kuck v Germnay 2003, L v Lithuania 2007 and Schlumpf v Switzerland 2009?
I say yes.
I'm not up on German federal law, and it depends on what you mean by ''without needing proof of need'' Its my considered opinion irregardless of any EHRC rulings, that once you have been diagnosed and accepted for treatment, There is an obligation for PCT not to delay ongoing treatment to a satisfactory conclusion'' obviously dependant on a patients health and that they the patient followed the guidelines and requirements laid down by the GRA to qualify. Appeals Court: N-W Lancashire Health Authority v A, D and G Full text of the judgment of the Appeals Court July 29th, 1999 However, this was the first challenge to such a policy where the issue was decided by a court — with a judgment in favour of the three trans women applicants, issued by the High Court in December 1998. The Health Authority later appealed, and in July 1999 the Appeals Court upheld the High Court ruling. The case received extensive press coverage. The result of tthis case is that it is now illegal for a Health Authority to impose a blanket ban on funding medical treatment for the purposes of gender reassignment. There are several High court rulings ''precedents'' pre GRA It was these cases that the UK was forced to draft and adopt a gender recognition act by the EHRC.
Government Announcement on Transsexual People by Rosie Winterton MP Parliamentary Secretary at the Lord Chancellor's Department 13 December 2002 Background On 11 July the European Court of Human Rights delivered its judgments in the cases of Goodwin -v- The United Kingdom and I -v- The United Kingdom. The Court found that the United Kingdom had breached the Convention rights of these two transsexual people, under Articles 8 and 12 (the right to respect for private life and the right to marry). In answer to Questions before the Parliamentary recess, colleagues and I made clear the Government's commitment to announce later in the year how we proposed to implement the rulings. The Interdepartmental Working Group, whose initial report the then Home Secretary presented to Parliament in July 2000, had recently been reconvened to give further consideration to the implications of giving transsexual people full legal recognition in their acquired gender. In light of the Goodwin and "I" judgments, the Group's terms of reference were expanded and it was tasked to report in October. Ministers have now collectively considered the recommendations received from officials. Legislation We will aim to publish, in due course, a draft outline Bill to give legal recognition in their acquired gender to transsexual people who can demonstrate that they have taken decisive steps towards living fully and permanently in the gender acquired since they were registered at birth. That will make it possible for them (if otherwise eligible) to marry in their acquired gender. The Government is committed, therefore, to legislating as soon as possible to give transsexual people their Convention rights. Whether Parliament at Westminster should legislate for the whole of the UK on this matter is under consideration, particularly in view of the inter-relationship between devolved and reserved policy aspects.
The Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine, otherwise known as the Convention on Human Rights and Biomedicine, or the Oviedo Convention, after Oviedo, Spain, the place where it was first signed, is a 1997 treaty drafted by the Council of Europe regarding various aspects of bioethics. It entered into force on 1 December 1999. (The rights to treatment) on which the UK government accepted into the GRA recognising that after previous court cases, GID was treatable.
(article 8), holding that the German civil courts had failed to respect "the applicant's freedom to define herself as a female person, one of the most basic essentials of self-determination": it stated that "the very essence of the Convention being respect for human dignity and human freedom, protection is given to the right of transsexuals to personal development and to physical and moral security."
Is the relevant section, but is precondional on the requirements of the person concerned complying with the requirements of the GRA and following the guidelines of transitioning.
And only has a bearing if the NHS failed to follow guidelines for treatment by deliberately denying treatment on the basis of costs or the incompetancy of administrators amd or discrimination.
