The Bobigny judicial court estimated that the conditions imposed by the CPAM were “contrary to the provisions of the European Convention on Human Rights as likely to create an inequality of access to health according to gender identity”.
The Seine-Saint-Denis Primary Health Insurance Fund (CPAM) was sentenced for refusing the care of two young men as part of their gender transitional journey. The social pole of the Bobigny judicial court ordered the CPAM of the Ile -de -France department to the Capam of the National Health Insurance (CNAM) in solidarityly pay 3000 euros in damages to each of the two complainants in recognition of the damage suffered.
In January 2020, one of the insured saw his gender dysphoria recognized by the CPAM as a long -term condition. This recognition makes him benefit from total care, notably surgical care, as part of his gender transition, but he had been denied the reimbursement of expenses related to his bilateral mastectomy carried out in February 2021. On Monday, justice therefore ordered the CPAM of Seine-Saint-Denis to reimburse the costs of its surgical intervention from which the fees are more than 5300 euros. The CPAM had motivated its refusal to take charge based on a protocol dating from 1989: it was then required a medical follow -up over two years by a surgeon, an endocrinologist and a psychiatrist.
“Recognition of transphobia”
In its decision, the court indicates that this tripartite requirement has been deleted and that the conditions imposed by the CPAM were “Contrary to the provisions of the European Convention on Human Rights as likely to create an inequality of access to health according to gender identity”. Receiving care in connection with his transidentity, the second insured was recognized on Monday by the Bobigny court his care in long-term affection, which the CPAM of Seine-Saint-Denis had previously refused. For Me Laura Gandonou, lawyer of the two complainants, this court decision constitutes “A victory” Because she acts “Recognition of transphobia”.
“The judge comes to point out the impossibility of accessing care and the link with transidentity”she adds. In his judgment, the Bobigny court also underlined the territorial inequality which continues between insured “Due to the random decisions to take care of transitional paths by CPAM”. In mid-May, the justice of the Bas-Rhin had similarly condemned health insurance to cover the surgical costs of a transgender insured, advised by Me Gandonou. In this judicial movement initiated by a group of five associations, the lawyer defends six other trans people who attacked various insurance funds before the courts, in Lyon, Cahors, Toulouse and Grenoble.
