TEDH – Process nº 31842/20
In a decision in Case No. 31842/20, delivered on July 11, 2024, the European Court of Human Rights (ECtHR), by 6 votes to 1, ruled that the decision of Polish authorities to deny hormone therapy to a detained individual diagnosed with gender dysphoria violated the European Convention on Human Rights (ECHR).
The case centered on a Polish citizen who, as an incarcerated individual, requested access to hormone therapy. The applicant had been diagnosed with gender dysphoria after engaging in genital self-mutilation and had been prescribed hormone therapy. Additionally, the applicant obtained legal recognition of her female gender in March 2023.
Despite being aware of these circumstances, and after requiring the applicant to undergo a further consultation to confirm her condition and the necessity of the prescribed treatment, Polish authorities decided to deny the therapy.
The ECtHR observed that the national decision to deny hormone therapy failed to consider the“harmful effects that withholding therapy could have had on the physical and mental health of the applicant.””.
The Court concluded that the Polish authorities“failed to strike a fair balance between the competing interests at stake, including the protection of the applicant's health and her interest in continuing hormone therapy associated with gender reassignment.””.
The Court also highlighted the specific vulnerability of the applicant as“a transgender individual undergoing gender reassignment while incarcerated, requiring enhanced protection”from the State.
Consequently, the ECtHR found a violation of Article 8 of the ECHR.
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