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STRATEGIC LITIGATION CASE UPDATE

On October 30, 2018, K.A. submitted an application to the Kentron and Nork-Marash Department of the Civil Status Acts Registration Agency of the Ministry of Justice of the Republic of Armenia to make corrections in the birth certificate.
With the submitted application, K.A. asked to make a correction in the birth act No. 870, that is, to correct the female note in the sex column with the male note.
The Kentron and Nork-Marash Department of the Civil Status Acts Registration Agency rejected the application by the conclusion drawn up on December 17, 2018.
 
K.A. applied to the RA Administrative Court, demanding to declare invalid the administrative act adopted by the  Kentron and Nork-Marash Department of the Civil Status Acts Registration Agency of the RA Ministry of Justice and to oblige to adopt a favorable administrative act.
 

The lawsuit of K.A. was rejected by the RA Administrative Court, after which K.A. applied to the RA Administrative Court of Appeal.

On October 4, 2021, the RA Administrative Court of Appeal rejected the appeal of K.A. On November 4, 2021, the decision of the RA Administrative Court of Appeal was appealed to the RA Court of Cassation, which rejected the cassation appeal by the decision made on March 23, 2022. 

 

The European Court of Human Rights, in its A.P., Garçon and Nicot v. France judgment (ECHR 121 (2017) 06.04.2017) [i] has referred to these issues, in particular stating that: recognizing the gender identity of transgender people after undergoing medical interventions, which they have not wanted to perform, means a complete denial of the right to respect for private life.

Thus, exhausting all domestic courts, the “Right Side” HRD NGO will apply to the European Court of Human Rights to restore K.A.’s rights.

http://[i] https://hudoc.echr.coe.int/spa#{%22itemid%22:[%22001-172913%22]}
 
June 13, 2022 Armenia, Yerevan

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