1st June 2011
Joanne Cassar, the post-op transgender woman who has been fighting for her right to get married for the past five years, has taken her case to the European Court of Human Rights in Strasbourg.
Her lawyers, José Herrera and David Camilleri, have petitioned the court, asking for the provision of an effective remedy, as well as compensation.
The Constitutional Court recently ruled that a ban on transgender marriage violates the European Convention on Human Rights on the right to marry.
The Court of Appeal also acknowledged, recently, that Ms Cassar’s fundamental rights had been breached when she was denied the right to get married, but no effective remedy was provided.
She is asking for compensation “due to the fact that over all these years pending these proceedings, although it has been established (by the courts) that her fundamental human rights have been breached, she has not been granted an effective remedy”.