In a landmark victory for trans and non-binary rights, the European Court of Human Rights (ECtHR) has ruled that the Czech Republic’s requirement for sterilisation as a condition for legal gender recognition violates human rights.
The case was brought by TH, a non-binary person who has spent over a decade seeking legal recognition of their gender identity without undergoing surgery. Despite repeated requests to change their legal gender and personal identification number, Czech authorities consistently denied TH’s applications on the grounds that they had not undergone sterilisation—a legal requirement under Czech law.
On 11 June 2025, the ECtHR condemned this condition, declaring it a breach of the right to private life under Article 8 of the European Convention on Human Rights. The court urged the Czech government to establish a clear and binding legal framework that allows trans people to change their legal gender without surgical intervention.
TH, who identifies as primarily non-binary and leans toward a female identity, first applied to the Ministry of the Interior in 2012.
After exhausting all administrative and legal avenues—including an unsuccessful appeal to the Czech Constitutional Court in 2021—they took their case to the Strasbourg-based court.
“This is a great day for non-binary and trans people, one of the most marginalised groups,” TH said. “Especially now, amid growing tensions and efforts to roll back the rights of trans and non-binary individuals across the globe, it is essential that Europe takes a clear and different path, one of dignity, equality, and human rights for all.”
“With its decision, the European Court puts an end to the sterilisation of trans people, one of the most serious human rights issues of the last decade in the Czech Republic,” said lawyer Maroš Matiaško. “In addition to providing closure, it is also a judgment that brings hope.”
The Czech Constitutional Court struck down the sterilisation requirement in a separate case in 2024. However, proposed reforms to ensure that this becomes law have stalled.
With Parliament failing to pass a viable bill, the process is now expected to rely on non-binding ministerial guidelines—still unpublished and vulnerable to political change.
ILGA-Europe’s Marie-Hélène Ludwig said the judgment reinforces the Czech Republic’s obligation to introduce an accessible legal gender recognition process that respects privacy and bodily integrity.
Viktor Heumann, Chair of Czech advocacy group Trans*parent, added: “For too long, the Czech Republic has been one of the last countries in Europe clinging to this harmful practice. Without a clear law, decisions will hinge on shifting ministerial guidance. Trans voices must be central in shaping any new policy.”
The decision also aligns with recent rulings from the EU Court of Justice and international health bodies like the World Health Organisation, which advocate for self-determination models of legal gender recognition.
These frameworks eliminate unnecessary medical requirements and are already in place in 12 European countries, including Ireland, Germany, and Denmark.
Richard Köhler of TGEU concluded: “When all European top courts and the national Constitutional Court reach the same conclusion, governments must act. Trans people in Czechia have waited over a decade for basic dignity and legal recognition. They deserve better.”
With this ruling, the Czech government faces mounting legal and moral pressure to align its laws with modern human rights standards—and finally ensure dignity and recognition for all trans and non-binary individuals.
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