K.A. has applied to the CSAR Agency of RA Ministry of Justice to change the gender note in the registration act from female to male. Under the current legislation of the RA, the CSARA body compels a person to undergo sex reassignment surgery, and only in that case it is considered possible to register a sex change, which is not in accordance with Article 3 of the RA Constitution, according to which a person is of the highest value.
The inalienable dignity of man is the indissoluble foundation of his rights and freedoms. It also compels a person to undergo irreversible surgical intervention, which is also prohibited by the RA legislation and recorded in a number of judgments of the European Court. Also, according to the Article 85 of the RA Constitution, everyone has the right to health in accordance with the law. Article 8 of the RA Law on “Medical Care and Services of the Population” stipulates that a person’s consent is a necessary condition for a medical intervention, except the cases provided by this Law. That is, in this case, compelling a person to medical intervention to make a correction in the CSARA is an interference with a person’s personal life, their physical and spiritual security and immunity
In such circumstances, we filed a lawsuit with to Administrative Court against the requirement to enforce a favorable administrative act of the Ministry of Justice of the Republic of Armenia, namely, to register a legal sex change without submitting a confirmation about Gender reassignment surgery. The first court hearing was scheduled in October, 2019, however, it was postponed because the Court requested to adduce the European Court’s judgment cited in the request in the Armenian language.
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