OPINIONS AND RECOMMENDATIONS OF THE FRENCH CGLPL These findings therefore raise the issue of management of transsexual prisoners. 1. Definition of transsexualism The European Court of Human Rights defines transsexualism as being a term “applied to those who, whilst belonging physically to one sex, feel convinced that they belong to the other” and who “often seek to achieve a more integrated, unambiguous identity by undergoing medical treatment and surgical operations to adapt their physical characteristics to their psychological nature” (ECtHR, 17th October 1986, Rees v. United Kingdom, Series A n°106). The international classification of diseases (ICD-10) describes transsexualism as the “desire to live and be accepted as a member of the opposite sex, usually accompanied by a sense of discomfort with, or inappropriateness of, one's anatomic sex, and a wish to have surgery and hormonal treatment to make one's body as congruent as possible with one's preferred sex”. 2. The rights protected The right to personal development Article 8 of the European Convention on Human Rights provides that “everyone has the right to respect for his private and family life… There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others”. According to the European Court of Human Rights, in France “no legal formality or authorisation is required for hormone treatment or surgery intended to give transsexuals the external features of the sex they wish to have acknowledged” (ECtHR, 25th March 1992, B. v. France, Series A, n°232-C). In this same judgment, the Court holds that the refusal to rectify civil status documents violates Article  8 of the Convention because in this case, even having regard to the State’s margin of appreciation, “the fair balance which has to be struck between the general interest and the interests of the individual has not been attained”. 48

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