OPINIONS AND RECOMMENDATIONS OF THE FRENCH CGLPL
3. Recognition of transsexualism in France
Care provision
There are currently a number of specialist multidisciplinary teams
working not only in the public hospital service but also in private
practice. Owing to the lack of a consensus on the care procedure to be
implemented and following a request from the Ministry of Health, the
organisations representing transsexuals and the sickness insurance
funds, the High Authority for Health proposed24 on the one hand the
official setting up of multidisciplinary reference teams responsible for
the assessment and overall management of transsexuals, and on the
other, the implementation of a care procedure (differential diagnosis,
real-life experience, hormone substitution and re-assignment surgery
if appropriate).
Modification of civil status records
In two judgments of 11th December 1992 marking a reversal of
precedent (Marc X. and René Y. cases), the plenary assembly of the
Court of Cassation allowed the modification of a person’s civil status
records subject to four cumulative conditions being met:
•
•
•
•
Gender dysphoria syndrome must have been medically
certified;
The person must adopt the social behaviour of the preferred sex;
The person must have undergone medical and surgical
treatment;
The change of gender must be certified by a court expert.
The requirement with regard to a gender reassignment operation has
been challenged inter alia by the Council of Europe Commissioner
for Human Rights,25 who recommended that changes in civil status
should no longer be subject to an obligation to undergo medical or
surgical treatment.
In a circular of 14th May 2010, the Minister for Justice and Freedoms
informed public prosecutor’s offices that they can give a favourable
Situation actuelle et perspectives d'évolution de la prise en charge du
transsexualisme (Current situation and prospects for change in the management of
transsexualism), HAS, report published on 18th February 2010 (www.has.fr).
25
Issue paper on “Human rights and gender identity” 2009 (www.coe.int).
24
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