TRANSSEXUAL PRISONERS (OPINION) In its Grand Chamber judgment of 11th  July 2002 in the case of Christine Goodwin v. United Kingdom (n°28957/95), regarded by all commentators as a leading case, the European Court of Human Rights notes that “transsexualism has wide international recognition as a medical condition for which treatment is provided in order to afford relief” and fully affirms the right to personal development and to physical and psychological security. The Court holds that “the right of transsexuals to personal development and to physical and moral security in the full sense enjoyed by others in society cannot be regarded as a matter of controversy requiring the lapse of time to cast clearer light on the issues involved” and that States have no discretion to refuse to recognise the legal implications of the result to which the treatment leads given that no insuperable difficulties arise with regard to the situation of operated transsexuals. As a result of this case-law, the following rights are recognised to everyone in France: • • The right of access to hormone and surgical treatments The right to modification of civil status records following the change of gender. Prisoner access to health-care Under the terms of the Law of 18th January 199422 (Article L. 6112-1 of the Public Health Code), the public hospital service is responsible for diagnosis and treatment in prisons. Furthermore, Article 46 of the Penitentiary law of 24th November 200923 provides that “quality and continuity of care shall be guaranteed to prisoners under equivalent conditions to those enjoyed by the population as a whole”. It follows that prisoners are entitled not only to the care available in prison but also, should the need arise, to that which is available outside prison. French law n°94-43 of 18th January 1994 on public health and social welfare: http:// www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000728979 (in French). 23 French penitentiary law n°2009-1436 of 24th November 2009: http://www. legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000021312171&categorieLien =id (in French). 22 49