Continuity of Status and Legal Gender Recognition in the European Legal Space. Challenges and Perspectives in the Jurisprudence of the European Court of Human Rights

This thesis examines the evolution of personal status within the European Convention on Human Rights (ECHR), highlighting the tension between the individual right to identity (Article 8) and State sovereignty. As personal status becomes a dynamic projection of autonomy, cross-border contexts generate so-called limping statuses. Specifically concerning Legal Gender Recognition (LGR), such legal discrepancies subject individuals to profound legal uncertainty and systemic discrimination. Consequently, this research asks to what extent the principle of continuity of status, developed by the European Court of Human Rights (ECtHR) for cross-border status and relationship, is reshaping State positive obligations regarding gender identity. Through a chronological analysis of forty years of jurisprudence, the study evaluates whether the ECtHR is depowering national discretion to impose a de facto harmonisation of standards. Findings indicate that by applying the "living instrument" doctrine, the Court has shifted from biological criteria to validating self-determination, progressively eroding the margin of appreciation. Finally, the thesis explores the Court of Justice of the European Union's (CJEU) emerging role as a fundamental actor for the mutual recognition of gender identity across Europe.