The European Court of Justice (ECJ) explains: Anyone who has had his or her gender identity recognized in one country does not have to do so in other EU countries.
Source: Julien Warnand/EPA/dpa/Archive
If someone has their gender identity legally recognized in an EU member state, this also applies in other member states. A refusal of recognition violates the rights of EU citizens, the European Court of Justice (ECJ) ruled in Luxembourg on Friday.
The occasion was the case of a trans man from Romania. He moved to Great Britain in 2008, took on both Romanian and British citizenship, was legally recognized as male there in 2020 and changed his first name and title. The process was initiated before Brexit but was only completed during the transition period. In May 2021, he asked the Romanian authorities to register his male gender and his new first name and to issue him a new birth certificate.The trans* debate shows: At its core, it is about how we deal with human diversity. The problem is not diversity – but the negative reaction to it. 21.03.2024 | 21:16 min
Gender represents an element of personal identity
However, the Romanian authorities rejected these requests. They called on him, citing a national regulation, to initiate a new procedure to establish his gender identity before the Romanian courts. The trans man then went to a court in Bucharest. This asked the ECJ whether the Romanian regulation was compatible with European Union law.
The ECJ now replied that the refusal to recognize gender identity hinders the rights of citizens, specifically the right to move and reside freely. Like the first name, gender represents a fundamental element of personal identity. There can be problems proving one’s own identity in everyday life and also serious disadvantages in work, private life or in administrative processes.
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ECJ: New procedure not justified
It is not justified for those affected to have to undergo a new procedure to determine their gender identity, which may lead to a different result than the procedure that has already been completed in the other member state.
The ECJ explained that Brexit does not play a role here because the British procedure had already been completed before or during the transition period. The Romanian court must now decide on the specific case. It is bound to the legal opinion of the ECJ.
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What: AFP
