The European Court of Human Rights (ECHR) has ruled that the Czech Republic’s policy of requiring forced sterilisation as a precondition for legal gender recognition constitutes a violation of human rights.
The landmark decision, delivered on Thursday (12 June), found the Czech government in breach of Article 8 of the European Convention on Human Rights — the right to respect for private and family life — by requiring transgender individuals to undergo sterilisation in order to have their gender legally recognised.
A Landmark Case for Trans Rights in Europe
The case, TH v. The Czech Republic, was brought forward by a non-binary Czech citizen known as Taylor H, who was denied legal recognition of her gender identity due to not undergoing sterilisation. The court stated that the law failed to respect the autonomy and bodily integrity of trans people.
“The court considers that the obligation to undergo sterilisation constitutes an interference with a person’s physical integrity,” the ruling stated, adding that this applies to “all individuals, including transgender people who have not undergone or do not wish to undergo gender reassignment procedures.”
In its decision, the ECHR also stressed that governments must ensure “quick, transparent, and accessible procedures” for changing gender markers on legal documents, regardless of medical interventions.
Activists and Advocates Welcome the Verdict
Taylor H described the ruling as a “crucial step” towards dismantling forced sterilisation practices in Europe.
“It’s now up to European human rights institutions to ensure that the rights of non-binary and transgender people are permanently upheld,” she told PinkNews following the verdict.
While the Czech Constitutional Court had previously given the government a one-year deadline to remove the sterilisation requirement, proposed reforms collapsed after lawmakers failed to pass a bill. The current coalition government, led by Prime Minister Petr Fiala, has not scheduled a vote to revisit the legislation.
‘Outdated and Inhumane’: Czech Advocates Call for Action
Marie-Hélène Ludwig, senior strategic litigation officer at ILGA-Europe, called the ruling a reminder of the Czech Republic’s duty to end what she described as an “ongoing human rights violation.”
Viktor Heumann, chair of Czech trans advocacy group Trans*parent, urged the government to act.
“The Czech Republic remains one of the last European nations clinging to this outdated and inhumane policy,” he said. “Other countries, such as the Netherlands, have not only ended forced sterilisation but have even offered compensation to those affected. Our government must finally listen to lived experience rather than outdated myths and misinformation.”
The ruling puts renewed pressure on Czech officials to bring national legislation in line with European human rights standards, and is expected to strengthen calls for reform throughout the region.