Transgender people and the Gender Recast Directive

The aim of these Guidelines is to provide an introduction to the content of the Gender Recast Directive and an overview of the jurisprudence of the European Court of Justice, and their relevance for trans people living in the European Union.

These Guidelines are also designed to give guidance on how to improve the implementation of the Gender Recast Directive vis-a-vis gender identity, and to ensure equality for all trans people in the countries where the Directive is applicable.

See also

News

EU Court of Justice Advocate General calls for automatic recognition of legal gender recognition in birth certificates

In a significant development regarding the rights of trans people in the European Union, the Advocate General of the Court of Justice of the European […]
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News

European court to hear landmark case regarding discrimination against non-binary people

The Court of Justice of the European Union is to decide on lawsuit over the lack of provision of an option for non-binary persons, which […]
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Report

Inventory of relevant SOGIESC case law and pending cases before the ECtHR and CJEU

In order to focus our strategic litigation efforts across Europe to fully protect and advance LGBTI rights, with this inventory ILGA-Europe wants to support members […]
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Blog

A new roadmap for advancing the human rights of trans and non-binary people

A brand new Issue Paper from the Council of Europe on Human Rights and Gender Identity and Expression not only sheds light on the challenges […]
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News

New draft law in Hungary seeks to exculde trans women from pension benefits

Dear President of the European Commission, We are writing concerning the recent introduction of a new bill in the Hungarian Parliament to further curtail the […]
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Report

Intersections: The LGBTI II Survey – Trans and Non-binary Analysis

Disaggregated data, which can look deeply into the lived experiences of marginalised people, is a key demand of LGBTI and other human rights groups. With […]
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News

Statement on today’s vote to ban legal gender recognition in Russia

ILGA-Europe issue this public statement to express our support to and solidarity with trans and gender diverse people in Russia in the light of the […]
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Podcast

The Frontline: Trans Inclusion in the Women’s Movement

In this episode of The Frontline, specially released on Trans Day of Visibility, we’re looking at trans inclusion in the women’s movement. All too often […]
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Blog

The infringement against Hungary: Behind the scenes

As the deadline for member states to decide whether they will join the European Commission’s lawsuit against Hungary for its introduction of anti-LGBTI legislation fast approaches, we look at the vital work ILGA-Europe has been doing behind the scenes to bring this case before the EU Court of Justice and to bring countries on board.
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Press Release

Romanian transgender man’s landmark case requesting that Romania acknowledges his UK gender recognition referred to the Court of Justice of the European Union

Arian Mirzarafie-Ahi, a transgender man with Romanian and British citizenship, has filed a first-of-its-kind lawsuit in Romania against Romanian authorities over their refusal to recognize […]
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Blog

#TDoR2022: Two more European countries added to annual report on trans murders

This year, for the first time, Estonia and Switzerland reported the murders of trans people. In total, 2022 saw 327 reported murders of trans and gender-diverse people in the world as a result of anti-trans violence, according to TGEU’s Trans Murder Monitoring. Although TGEU has been collecting information since 2008, most trans murders still go under-reported.
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News

Sexual orientation is not a reason to terminate a contract with a self-employed worker, says Advocate General of the CJEU

Today, the Advocate General of the CJEU has issued an opinion in the case of J.K. vs the Polish public broadcaster company TP, stating that discrimination based on sexual orientation in employment is not acceptable under EU law.
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Blog

Update: The Rights of Rainbow Families in the EU

The Court of Justice of the EU has ruled in two occasions over recent months that EU countries must protect the freedom of movement of rainbow families. This is a right all EU citizens should enjoy, LGBTI people too. In today’s blog, we bring you the state of LGBTI people’s family rights in different EU countries.
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News

Rainbow families have the right to move and reside freely, EU court reiterates

The Court of Justice of the EU has stated that birth certificates issued in an EU country must be recognised across the EU, and that EU countries should protect the freedom of movement of rainbow families.
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News

Hungary to be Brought Before Top EU Court For its Ban on LGBTI Content

The European Commission has referred Hungary to the CJEU over discriminatory amendments adopted in June 2021, which ban the “portrayal and the promotion of gender […]
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Report

Briefing Document: Ukraine war – Medications needed by trans and intersex people

The ongoing crisis in Ukraine has resulted in need for immediate action to address the needs both of a significant population of Ukrainians fleeing the […]
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Blog

Trans Day of Visibility 2022: Here’s what you absolutely should know about trans communities from Ukraine

It’s March 31, Trans Day of Visibility. To mark this day, at ILGA-Europe we want to commend the amazing work trans-led organisations are doing as the war in Ukraine continues, and tell you about the current needs of trans communities staying or leaving the country.
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Blog

A Marathon, not a sprint: how we’re responding to the invasion of Ukraine

In the past week, since Russia invaded Ukraine on February 24, the global response has been massive, alongside a great number of organisations working with […]
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Blog

How Baby Sara and her mums have pushed forward the rights of all rainbow families across the EU

When an EU country recognises a child and its same-sex parents as a family, all EU countries should recognise them as such, so to guarantee their freedom of movement. This is what the EU’s top court ruled in December. But how this case has advanced LGBTI rights in the European Union and what comes next for rainbow families?
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Podcast

Hope and the LGBTI Movement in 2021

It was a year of further lockdowns, of new strains of the COVID virus, and the uncertainty they have brought, and most of all, enormous […]
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Blog

Alarming new research shows how LGBTI people are affected every day by inequality

Recent data shows that LGBTI young people perceive the labour market with fear and that most of LGBTI youth living with their families have experienced violence in different parts of Europe. These are among the alarming facts related to the impact of inequality and oppression in LGBTI communities, as identified through ILGA-Europe’s No One Left Behind initiative.
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Press Release

Top EU Court Recognises Relationship of Same-sex Parents and their Children Under EU Law

In a landmark judgement, the Court of Justice of the European Union has ruled that a child and its same-sex parents must be recognised as […]
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Blog

Say Their Names: The trans and gender diverse people whose murders were reported in Europe and Central Asia last year

The murders of 375 trans and gender-diverse people were reported between October 2020 and September 2021, according to the latest Trans Murder Monitoring (TMM) update, and 2021 is set to be the deadliest year for trans communities since TGEU began collecting data. We say the names of those whose lives were cut short in our region, with a view towards a world where all trans people can live in equality, freedom and peace.
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Blog

How trans parents are better protected after European Court ruling

Recently, the European Court of Human Rights ruled in favour of a trans woman in Russia who was denied access to her children because of her gender identity and transition. Read on to find out how this may benefit all trans and LGBTI parents in Europe.
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News

European Court rules in favour of the best interest of the child in same-sex custody case

The European Court of Human rights has ruled that the refusing a mother custody of her youngest child on the grounds of her sexual orientation to be discriminatory and a violation of her right to private and family life.
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Press Release

LGBTI organisations welcome European Court judgement in favour of trans parental rights in Russia

Today, in a landmark judgement strongly welcomed by TGEU and ILGA-Europe, the European Court of Human Rights has ruled in favour of a woman in […]
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Blog

Freedom of movement for same-sex spouses: The Coman Case, 3 years on

ON 5 JUNE 2018, THE COURT OF JUSTICE OF THE EUROPEAN UNION (CJEU) ISSUED A LANDMARK JUDGEMENT AGAINST ROMANIA, RECOGNISING THAT THE TERM SPOUSE INCLUDES SAME-SEX SPOUSES UNDER EU FREEDOM OF MOVEMENT LAWS. THREE YEARS LATER, CLAI HAMILTON, SPOUSE OF ROMANIAN CITIZEN ADRIAN COMAN, HAS NOT BEEN GRANTED RESIDENCY YET. NOW THEY’VE BROUGHT THE CASE TO THE EUROPEAN COURT OF HUMAN RIGHTS (ECHR). HERE, ADRIAN COMAN TALKS ABOUT THE ORIGINAL CASE, AND HIS HOPES WITH THIS LATEST DEVELOPMENT.
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Podcast

Rainbow Family Rights in Europe – Part 2: Baby Sara, Stateless Child

We meet Kalina and Jane, from Bulgaria and the UK respectively. Because their daughter Sara was born in Gibraltar, she cannot claim UK citizenship via […]
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Podcast

Rainbow Family Rights in Europe – Part 5: The Rights of Trans Parents and their Children

In March 2021, Transgender Europe (TGEU) published the report, “Stuck on the swing: experiences of trans parents with freedom of movement in the EU”, in […]
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News

Opinion from European court: same-sex parented families should be officially recognised in all EU member states

Advocate General of the Court of Justice of the European Union’s opinion says that Bulgaria’s lack of recognition for same-sex parented families cannot justify a violation of EU freedom of movement law.
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