Marriage and “gender identity” before the Grand Chamber of the European Court of Human Rights

European Court of Human Rights decided to refer the case H. v. Finlandto the Grand Chamber of the Court, in order to conduct a retrial.

European Court of Human Rights decided to refer the case H. v. Finlandto the Grand Chamber of the Court, in order to conduct a retrial.

The application was rejected by the Court unanimously. The Section case H. v. Finland has applied the jurisprudence emerging from the case law Schalk and Kopf v. Austria (No. 30141/04) and Goodwin v. United Kingdom (No. 28957/95) and which, moreover, has been unanimously adopted. It is surprising that the case was referred to the Grand Chamber.

The decision of a referral is less surprising when considered from a non-legal point of view.