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Court: Transsexuals have right to breasts
Photo: DPA

Court: Transsexuals have right to breasts

Published: 11 Sep 2012 16:16 GMT+02:00
Updated: 11 Sep 2012 16:16 GMT+02:00

Male-to-female transsexuals have a legal right to breast enlargement operations when hormone therapy fails to give them a feminine shape, a German federal court ruled Tuesday.

A transsexual may receive implants if her new breasts have not yet reached the size of an A-cup bra, the Federal Social Court in the central city of Kassel said.

"Transsexual insurance policy-holders can make a claim to treatment measures to allow them to adapt their gender, including surgical procedures on healthy organs to minimise their psychological suffering, so as to approach the appearance of the other sex that is desired," the court said.

It said such a procedure was justified even if the patient had not yet had a sex-change operation.

The court ruled in the case of a 62-year-old whose health insurance plan paid for hormone treatment and a sex change but whose breasts failed to grow to female proportions.

The insurance company declined to pay for an operation for larger breasts.

In a second case before the court, the insurance company paid for hormone treatments, cosmetic surgery to make the face more feminine and two operations to make the voice of a transsexual patient more womanly.

It had also approved a sex-change operation, which the patient had not yet undergone.

The company argued that hormonal changes could result from the genital operation and lead the breasts to grow and thus rejected a claim for breast augmentation.

The court rejected the insurance companies' stance in both cases, stating that only when a patient's breasts "completely fill" an A-cup could they be considered to have reached an "undoubtedly gender-specific range".

The judges said that this right to breast-enlargement surgery applied even before a sex change, basing its ruling on a recent decision by Germany's top court which found that such a procedure was not a requirement for a legal name change.

AFP/jcw

The Local (news@thelocal.de)

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Your comments about this article

20:26 September 11, 2012 by iseedaftpeople
chocolate boobs, really?? That's the best stock photo you could come up with for this story?

on topic - court's decision is only fair. Genetic women are after all eligible for breast augmentation surgery on their health insurance if their breasts are too small (sub-A cup) and if it causes them emotional suffering. Gender Identity Disorder ("transsexuality") is a recognized medical/psychological disorder, and for all intents and purposes, upon completion of gender reassignment I see no reason why transsexuals should not be regarded equal to genetic women in this respect, if their undeveloped breasts become an emotional problem.
20:42 September 11, 2012 by Lisa Rusbridge
Breast augmentation is small potatoes. Come to the USA, you can be a convicted murderer in prison and still get sex re-assignment surgery all at the expense of the taxpayer. Granted the taxpayers will not be happy about. Only in America...

http://www.cnn.com/2012/09/04/health/massachusetts-sex-change-surgery-inmate/index.html
21:46 September 11, 2012 by Englishted
"Get your tits out for the boys" and I'll make the coffee ,

Kaffee und Kuchen good old German tradition.
01:03 September 12, 2012 by neunElf
"Gender Identity Disorder ("transsexuality") is a recognized medical/psychological disorder"

So it's a good idea to raise costs to insurance companies, who will pass that cost along to everyone, to pander to someones sickness?
01:28 September 12, 2012 by iseedaftpeople
@neunElf:

>So it's a good idea to raise costs to insurance companies, who will pass that cost along to everyone, to pander to someones sickness?

how is providing medical and psychological assistance to a person suffering from a disorder "pandering to their sickness"?

I think you are one of those people who still have a misguided idea about transsexuals as sexual freaks who do it all for their own gratification. Well, nobody goes through all that just to feed some kind of twisted fetish. And even people who by some off-chance are doing it "for kicks" will never get through all the stages of psychological evaluation that are mandatory before they can undergo any kind of surgical treatment on health insurance.

Transsexuals have profound issues with their sexual identity and their bodies, and whatever their health insurance can do to sort those issues out, I think they are entitled to. That's what health insurance is for, helping people in need. Even if you think their affliction is made-up and some kind of kinky fetish.
06:11 September 12, 2012 by Berlin fuer alles
Just wondering how this precedent will affect Penis enlargement claims?

Might be difficult to distinguish large tits being necesssary when a patient's breasts "completely fill" an A-cup could they be considered to have reached an "undoubtedly gender-specific range" from a "large penis "completely filling" a jock strap could they have reached an "undoubtedly gender-specific range".
10:02 September 12, 2012 by MattyB
Ah yes, because nothing screams "normal" and "natural" like hormone therapy and breast surgery. If it takes knives and drugs to make you what you believe you should be, it's probably not normal, or healthy.
11:50 September 12, 2012 by iseedaftpeople
> If it takes knives and drugs to make you what you believe you should be, it's probably not normal, or healthy.

would you be prepared to tell a burn victim that to his grossly disfigured face? Hey, he survived, his face has healed, albeit kids now run away from him screaming... he should get on with his life and not try to be somebody else, right?
14:24 September 12, 2012 by delvek
I think there was a time when I would feel normal but I read the news and the decisions passed by soveriegn governments and feel like I am not from this planet.

I guess I have nothing left to do but wait for the quickly approaching WW3 when all this will be reset back to nothing.
21:20 September 12, 2012 by MattyB
"...would you be prepared to tell a burn victim that to his grossly disfigured face?"

Yeah, because that's even remotely the same, right?

Children should not engage in adult conversations.
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