LGBT rights and the way forward: the evolution of the case law of the ECtHR in relation to transgender individuals’ identity

The authors analyze and discuss two of the most recent ECtHR judgments on transgenders’ rights under the European Convention: Hämäläinen v. Finland (2014) and Y.Y. v. Turkey (2015). Throughout an in depth investigation of the circumstances of the cases, as well as of the assessments of the European Court, the authors aim at illustrating the ECtHR’s renunciation of fully enforcing transgenders’ right to family life by endorsing a traditional concept of marriage and by making a deceptive use of the consensus argument.