On April 29, 2013, the European Court of Human Rights (the Court) decided to refer the case H. v. Finland (N°37359/09) to the Grand Chamber, i.e. the highest formation of the Court, in order to conduct a retrial. This whole affair, which gave rise to a Section’s judgment rendered on November 13, 2012, involves Finland’s refusal to legally recognize the sex change of a person married to someone of a biologically different sex, conditioned on his first obtaining a divorce. In the section judgment, the Court noted “that in essence the problem in the present case is caused by the fact that Finnish law does not allow same-sex marriages.” (§ 66)
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(Zenit) Marriage and 'Gender Identity' Before European Rights Court
On April 29, 2013, the European Court of Human Rights (the Court) decided to refer the case H. v. Finland (N°37359/09) to the Grand Chamber, i.e. the highest formation of the Court, in order to conduct a retrial. This whole affair, which gave rise to a Section’s judgment rendered on November 13, 2012, involves Finland’s refusal to legally recognize the sex change of a person married to someone of a biologically different sex, conditioned on his first obtaining a divorce. In the section judgment, the Court noted “that in essence the problem in the present case is caused by the fact that Finnish law does not allow same-sex marriages.” (§ 66)
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