A court in Vienna has ruled that Austria’s public health insurance must cover the cost of facial hair removal for a transgender woman, marking a significant decision in the realm of gender-affirming care.
The 35-year-old plaintiff, diagnosed with gender dysphoria, had begun hormone therapy, which reduced but didn’t eliminate her beard growth. Seeking a permanent solution, she underwent 20 laser hair removal sessions and requested reimbursement from her insurer.
Initially, the insurance provider rejected her claim, dismissing beard growth as a cosmetic issue rather than a medical necessity. They argued that neither men nor women received coverage for hair removal, whether for facial hair, bikini lines, or legs. According to them, alternative methods like shaving, waxing, or hair removal creams were available and sufficient.
However, the court saw things differently. Judge Maria Nazari-Montazer, relying on expert medical testimony, determined that facial hair removal wasn’t just about appearance but an essential part of aligning the plaintiff’s physical traits with her female identity. Much like hormone therapy, this treatment played a crucial role in alleviating gender dysphoria.
The judge further emphasized that the plaintiff’s experience couldn’t be equated to that of a cisgender woman who simply found body hair undesirable. The psychological distress caused by gender dysphoria is significantly more severe, and in extreme cases, can lead to suicidal thoughts. In contrast, the typical discomfort of unwanted body hair does not carry such severe mental health implications.
Moreover, traditional hair removal methods were deemed inadequate. Regular shaving or waxing, the court noted, could intensify gender dysphoria and even cause skin damage, making them unsuitable alternatives. Given these factors, the judge ruled that laser hair removal was essential and must be covered by insurance.
As a result, the court ordered the insurer to reimburse the plaintiff €47.17 per laser session, reinforcing the necessity of gender-affirming medical care in cases of gender dysphoria.
