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Cossey Case
Published online by Cambridge University Press: 01 January 2021
Abstract
Human rights — Right to respect for private life — Whether societal and legal developments requiring legal recognition of transsexual’s new identity — Balance between general and individual interest — Margin of appreciation — Right to marry — Whether referring to traditional marriage between persons of opposite biological sex — European Convention on Human Rights, 1950, Articles 8 and 12
Treaties — Interpretation — Changed circumstances — Human rights — Right to respect for private life — Legal recognition of transsexuals — Whether societal and legal developments require new interpretation — Whether need for appropriate measures to be kept under review — Right to marry — Whether referring to traditional marriage between persons of opposite biological sex
International tribunals — European Court of Human Rights — Precedent — Reasons for departing from precedent — Requirements of legal certainty and orderly development of case-law — Changed circumstances
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- © Cambridge University Press 1992