A transsexual is taking legal action against the National Health Service (NHS) in the U.K. for refusing payment for a breast enlargement operation, claiming it denies her human rights, the Telegraph reported.

The woman, called “C,” said her mental health will be damaged without the surgery, while the West Berkshire Primary Care Trust under NHS insists that the operation is purely cosmetic and unnecessary.

“C” has been receiving hormone therapy and living as a woman for the past 12 years, but the treatments failed to make her grow her own breasts. Her lawyers are arguing that the payment refusal by the NHS is sexual discrimination, and leaves her in “a state of physical limbo.”

"She doesn't think that she is not a woman but is unhappy with the appearance she has," Stephanie Harrison told the court.

In order to continue with the case, “C” will have to present the court with expert submissions from doctors with medical information supporting her stance.

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