A Russian trans woman has won a court case after having her children taken from her due to her gender identity. A court in Russia initially decided to restrict the woman’s access to her children, arguing that her decision to transition would have a “negative impact on the mental health and psychological development” of her family.
According to advocacy group Transgender Europe (TGEU), the European Court of Human Rights found that preventing the plaintiff from accessing her children violated Article 8 (right to private and family life) and Article 14 (prohibition of discrimination). The organisation referred to it as a “landmark ruling”, with executive director, Masen Davis, saying: “We celebrate this important message together with all trans families.”
ILGA-Europe also welcomed the ruling, saying: “We are glad to see the Court clearly rejecting such an abusive argument, and instead naming very concrete responsibilities for state authorities in ensuring the best interest of the child. Spreading hatred, misinformation and splitting loving parents from their children is not in the best interest of children.”
This case is the first instance in which the European Court of Human Rights has found a violation of Article 14 in relation to trans discrimination. The court also awarded the plaintiff €9,800, saying that “such damage cannot be compensated for solely by the finding of a violation.”