landmark Ruling: French Court Orders Health Insurance to Cover Trans Man’s Mastectomy
Groundbreaking Decision in Strasbourg
In a decision hailed as unpublished
in France,a trans man has won a legal battle against the primary health insurance fund (Cpam) of the Bas-Rhin. The Strasbourg court ruled Wednesday that the Cpam must cover the costs of his mastectomy. the court also ordered the Cpam to pay €3,000 in damages to the plaintiff.
Court Cites Discrimination
The court found that the Cpam’s requirements for coverage-including a medical certificate and prior memorandum of understanding-violated the European Convention on Human Rights.
Are contrary to the combined provisions of articles 8 and 14 of the European Convention on Human Rights as likely to create an inequality of access to health according to gender identity.
The court further stated that the Cpam committed a mistake
that caused direct and certain damage
by imposing notable and unjustified additional deadlines in a particularly long and complex care path, thus obliging him to assume an unpleasant transition and in total contradiction with his new civil status.
Legal and Personal Impact
The plaintiff’s lawyer,Me laura Gandonou,celebrated the ruling as a victory against discrimination.
It is indeed the first time that a French judge has recognized the discriminatory character of the CPAM refusal and the infringement of privacy. It’s unprecedented.
Me Laura Gandonou, the applicant’s lawyer
The 31-year-old applicant, who wishes to remain anonymous, expressed relief and gratitude, hoping the decision allows other trans people to undergo discrimination.
The Plaintiff’s Transition Journey
Assigned female at birth, the plaintiff began his transition in 2017.This included:
- Social Transition: Announcing his identity to family and friends.
- Administrative Transition: Changing his first name and civil status.
- medical Transition: Starting hormone therapy in June 2022.
he sought full coverage for his gender dysphoria-related care but faced partial denial from the Cpam’s medical advisor. After an unsuccessful appeal in early 2023, he pursued legal action.
Arguments Presented in Court
During the hearing on March 12,the Cpam argued its decision was based on a medical opinion.
Me Gandonou countered that the refusal was abusive and poorly founded,
emphasizing that transgender individuals should not face additional hurdles in accessing necessary care.
She criticized the Cpam for creating overabundant conditions
for reimbursement of gender transition-related care.
Wider Implications
Me Gandonou is representing eight other transgender individuals in similar cases against different Cpams across France, including Lyon, Cahors, Bobigny, Toulouse, and Grenoble. A decision is expected on June 23 in bobigny, where two applicants are suing the Seine-Saint-Denis Cpam.
James Leperlier,president of Inter-LGBT,noted in March that not all CPAMs treat transidentity likewise.
This inconsistency highlights the need for clearer, more equitable guidelines.
Frequently Asked Questions
- What is a Cpam?
- It is indeed the primary health insurance fund in France.
- What did the court rule?
- The court ordered the cpam to cover the trans man’s mastectomy and pay damages.
- Why is this ruling significant?
- It’s the first time a French court has recognized the discriminatory nature of a Cpam’s refusal to cover transgender healthcare.
