Jean-Pierre, who defines himself as an intersex person, "neither man nor woman", filed an appeal in 2017 with the European Court of Human Rights (ECHR) to have French law recognize the mention of “gender neutral”.
The ECHR dismissed it, considering that it is for the moment for the States to decide on this subject, especially since there is no European consensus on the matter, but it reserves the right to change of opinion, depending on "the evolution of society and the state of consciousness".
"This decision is a call to minority groups to come together to have their rights recognized," said Jean-Pierre's lawyer, Mila Petkova.
"I regret the decision, but it calls for intersex people to continue the fight for their fundamental rights," said Mila Petkova, Jean-Pierre's lawyer.
This 72-year-old psychotherapist, who lives in the east of France, was dismissed on Tuesday by the European Court of Human Rights (ECHR), which refused to follow his request concerning the recognition of the mention "sex neutral" on his marital status.
If the court recognizes the "suffering and anxiety" of the applicant, it recognizes the "need to preserve the consistency and security of civil status records as well as the social and legal organization of the French system" put forward by the courts. French.
She adds that many states provide for the specification of gender on birth certificates or identification documents and that "there is no European consensus" on the matter, and that it is up to the states to decide on such subjects.
“Where issues of general policy are at stake, on which deep differences may reasonably exist in a democratic state, particular importance should be given to the role of national decision-maker,” she writes.
Reserving, however, the right to change his mind, depending on "the evolution of society and the state of consciousness".
A first victory
This is the end of a long legal journey for the applicant, who has constantly refused to be registered in the “man” or “woman” box throughout his life.
This legal journey had however started well, in 2015, when Jean-Pierre had obtained a positive response from the Court of Tours, authorizing him on August 20 to change the mention of his sex under the name gender neutral.
“For us this recognition was obvious in view of the facts since we knew that the applicant had a personal identity which was neutral, intersex, both psychologically and socially.
He was a person who expressed his neutrality in all aspects of his life.
We did not realize the conservatisms and obstacles that we would have to face, ”reports his lawyer, Mila Petkova.
Obstacles
Because the following year, things get complicated.
On March 22, 2016, the Orléans Court of Appeal overturned the judgment, referring the question to the legislator and considering this request “in contradiction to his physical appearance and his social behavior”.
“His masculine identity was imposed on him by medical treatments.
He is inserted into professional life, he cannot play endlessly with that, he is obliged to dress this costume to live in the society that is imposed on him, replies his lawyer.
He has to play a role.
But he often uses colors like pink.
»
Rebelote in 2017, new obstacle: the Court of Cassation recalls that there are only two categories in French law.
"This binarity pursues a legitimate goal, because it is necessary for the social and legal organization, of which it constitutes a founding element", considers the Court of Cassation, which fears that the recognition of a third category will have "profound repercussions on the rules of French law" and involves "numerous legislative changes".
“This argument was raised to scare, we just asked that it be changed for this person.
The purpose of civil status is identification, but changing the mention of sex does not affect an identification or police problem.
We are told that he is married, that he has a child, that he is therefore a man: these arguments are archaic, ”replies Mila Petkova.
Standardization
The ECHR's decision, which returns the ball to the Member States, puts an end to Jean-Pierre's journey and to the hopes of many intersex people, who were waiting to be recognized for who they are, and are suffering a form of marginalization because of having sexual characteristics of both sexes.
“To say that intersex is a civilian category would have normalized them.
Today the legal doctrine uses the expression ''error of nature''.
It is this pathologizing approach that is taken up in the civil registry”, criticizes Benjamin Moron-Puech, professor of law at the University of Lyon-2, and author of articles on the question.
He regrets that the court has, according to him, “a lower method of protecting human rights for minorities than for the majority.
If you are a minority,
then you must implore your rights to the majority group.
It is democracy versus the rule of law.
»
“I am very disappointed, adds Mila Petkova, because the court had the opportunity to send a clear message and to support the extraordinary evolution of these legislations which go towards a neutral sex.
But she was content to take a photograph of the law.
This decision is a call to minority groups to come together to have their rights recognized.
»
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