An extremely bitter aftertaste remains, because the course of the pro-
Bitter aftertaste
ceedings and the openly demonstrated stereotypical patterns of justification – despite the many contrary avowals that have been proclaimed – make it clear in this exemplary case how difficult it is for
women, even in a (divested) Civil Service unit, to attain a leadership
position. It requires great power of endurance to be in a still valid employment relationship and to have to fight for a claim for damages
against the employer in a legal dispute that continues for years.
Individual case: VA-BD-SV/1018-A/1/2011
Breast augmentation operations for transgender persons
Breast augmentation operations for transgender women can be
medically indicated. In such cases, this should be covered by the
Public Regional Health Insurance Offices.
Two transsexual complainants contacted the AOB because the Vienna
Public Regional Health Insurance Office had rejected an assumption
of costs for breast augmentation operations several times. In both
cases, there were expert opinions that attested that underdeveloped
breast growth could no longer be expected to change under the influence of hormone treatments and that this caused massive psychological problems.
The Vienna Public Regional Health Insurance Office took the point
of view that such operations basically fall into the area of cosmetic
surgery and the situation is comparable to genetic women who have
small breasts.
The AOB could not comprehend this approach to the subject nor the
Medically indicated
across-the-board exclusion of benefits. Rather, it had the opinion that
a claim to a medically indicated anatomical approximation had already been considered as guaranteed due to previous decisions. After
having had sex reassignment surgery, both complainants had undergone hormone therapy. As it was nevertheless impossible to achieve
approximate gender alignment, existing alternatives to unsuccessful
treatments were necessary. This was particularly the case if not performing this surgery was harmful to their health.
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