• Germany edition
 
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)

Don't miss...X
Left Right

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.
Today's headlines
New app helps clients find prostitutes
Photo: DPA

New app helps clients find prostitutes

While the German government is considering tightening prostitution laws, Berlin entrepreneurs have developed a smartphone app to connect sex-workers with clients. READ () »

Highs of 22C forecast for Easter weekend
Photo: DPA

Highs of 22C forecast for Easter weekend

The days running up to Easter may be cool and wet, but the holiday weekend should be a bit warmer for most of Germany, according to forecasters. READ () »

Berlin man must call himself a mother
The fight over the transgender man's right to be his child's official father has been raging since last year. Photo: DPA

Berlin man must call himself a mother

A transgender person who became the first man in Germany to give birth in March 2013 must be registered as the child's mother, a court has ruled after his year-long court battle to be named a father. READ () »

Study: rape convictions fall sharply
Photo: DPA

Study: rape convictions fall sharply

The chance of being convicted of rape in Germany has more than halved in the past two decades to fewer than one in ten, a major study revealed on Thursday. READ () »

SPD: Restore 45-percent investment tax
The tax privilege for investment income is unfair, says the SPD. Photo: DPA

SPD: Restore 45-percent investment tax

The centre-left half of Germany's coalition government has called for the old top rate of a 45-percent tax on investments to be brought back - to match standard income tax and fight the squeeze on middle incomes. READ () »

Customs find smuggled cash in every third car
Sniffing out the money. Photo: DPA

Customs find smuggled cash in every third car

The number of Germans smuggling large amounts of cash across the Swiss border into Germany rose dramatically last year. Customs officers said on Thursday they made a find in almost every third car they checked. READ () »

Crystal meth use hits record level
Crystal meth seized in Bavaria. Photo: DPA

Crystal meth use hits record level

Consumption of crystal meth in Germany appears to have reached a record level, according to government figures published on Thursday. READ () »

Child's near death sparks row over refugee homes
Leonardo had to have a finger and toe amputated after staff refused to call an ambulance. Photo: DPA

Child's near death sparks row over refugee homes

A political row has broken out in Bavaria after an asylum seekers' home failed to help a toddler who almost died of meningitis. The case has raised concerns about the treatment of refugees in the state. READ () »

Bayern and Dortmund to face off for German Cup
Kaiserslautern fans let off flares in the Allianz Arena on Wednesday night. Photo: DPA

Bayern and Dortmund to face off for German Cup

Holders Bayern Munich will face Borussia Dortmund in next month's German Cup final after cruising to a 5-1 win over second-division Kaiserslautern in Wednesday's semi-final. READ () »

Zalando hits back after undercover report
Working conditions at online retailer Zalando are under the spotlight. Photo: DPA

Zalando hits back after undercover report

Online fashion retailer Zalando has prompted an investigation by state prosecutors in Erfurt against an undercover journalist who revealed alleged "trade secrets" in a TV report on Monday night. READ () »

RECEIVE OUR NEWSLETTER AND ALERTS
Photo: DPA
Rhineland
Elderly man taped €200,000 to his genitals
Photo: DPA
Business & Money
What's the unemployment rate in your area of Germany?
Photo: DPA
Gallery
Nine ways to celebrate Easter like a German
Photo: Galerie Bilderwelt
Gallery
World War I in colour photos
Photo: DPA
Society
'The mafia has infiltrated every sector in Germany'
Photo: DPA
Society
JobTalk: Why you should teach English in Germany
Photo: DPA
National
330,000 sign up against TV licence fee
Photo: DPA
Hamburg
School kids hospitalized after 'porno' party
Photo: Submitted
Frankfurt
'I'll get even with my old pal Schwarzenegger'
Photo: DPA
Gallery
The week in pictures: April 5th - April 11th
Photo: DPA
Gallery
Ten great inventions you (probably) didn't know were German
Photo: J. Arthur White
Berlin
Clashes in Berlin as refugees tear down their own camp
Advertisement:
Photo: DPA
Gallery
Munich's baby polar bears are finally named
Photo: DPA
Gallery
The 10 best German employers to work for
CurrencyFair
Sponsored Article
Why it pays to avoid banks when making overseas transfers
Mr. Lodge
Sponsored Article
How to find a furnished rental in Munich
Sponsored Article
How to make a lasting impression in business
Hult International Business School
Sponsored Article
What they don't teach you at Business School
Photo: DPA
Society
Nine jobs you can only do in Germany
Photo:ESL
Sponsored Article
How to integrate successfully in Germany
Photo: DPA
Business & Money
JobTalk: All you need to know about working in Germany
Photo: DPA
Features
The Local List Archive - Your guide to all things German
National
Share news tips with The Local Germany
Latest news from The Local in Switzerland

More news from Switzerland at thelocal.ch

Latest news from The Local in Spain

More news from Spain at thelocal.es

Latest news from The Local in France

More news from France at thelocal.fr

Latest news from The Local in Italy

More news from Italy at thelocal.it

Latest news from The Local in Norway

More news from Norway at thelocal.no

Latest news from The Local in Sweden

More news from Sweden at thelocal.se

3,143
jobs available
Toytown Germany
Germany's English-speaking crowd