The European Court of Human Rights has ruled that the Czech Republic violated the rights of a non-binary person by requiring sterilisation as a precondition for legal gender recognition.

The case was brought by T.H., a non-binary person who has spent over a decade fighting for the right to change their legal gender and personal identification number without being forced to undergo sterilisation.

Czech authorities consistently rejected the request, citing national law, which still mandates surgical sterilisation for legal gender changes.

In today’s judgment, the Strasbourg-based court declared that this requirement breaches Article 8 of the European Convention on Human Rights, which guarantees the right to private life. The Court emphasized that the Czech Republic must provide a clear legal framework that allows trans people to update their gender marker without invasive medical procedures.

While the Czech Constitutional Court overturned the sterilisation mandate in 2024, it delayed the change until July 1, 2025, giving the government time to prepare a new law. However, no viable legislation has been passed. The issue now hangs on non-binding ministerial guidelines, which have yet to be published and could be easily reversed after elections later this year.

T.H., the claimant in the case, welcomed the decision. “This is a great day for non-binary and trans people,” she said. “It’s essential that Europe follows a path of dignity, equality, and human rights — especially amid global efforts to roll back trans rights.”

T.H. has never identified with the male gender assigned at birth and uses she/her pronouns. For medical and personal reasons, she does not wish to undergo sterilisation.

Since 2012, she has filed multiple requests with the Czech Ministry of the Interior, all of which were denied due to her refusal to undergo surgery. After exhausting domestic legal options — including a failed appeal to the Constitutional Court in 2021 — she took her case to the European Court.

The 2024 Constitutional Court ruling, which came in a separate case involving a trans man, struck down the sterilisation requirement, calling it incompatible with human dignity. Yet, the absence of a new legal framework has left many in limbo. Without clear rules, decisions about gender recognition could shift with each new administration.

“This is one of the most serious human rights issues of the last decade in Czechia,” said Maroš Matiaško, T.H.’s lawyer. “The Court’s judgment not only provides closure, but also sends a strong message to the Czech government: adopt a safe, accessible, and dignified legal process.”

The ruling reflects broader European trends. According to the National Institute of Mental Health, 90% of Czech trans people oppose the sterilisation requirement.

Would you like us to write about your business? Find out more