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

Blog

Q&A: Everything you want to know about the recent ruling on recognition of same-sex marriages in the EU

Here is a concise overview of what the new Court of Justice of the EU (CJEU) ruling means for same sex couples moving or living […]
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News

We welcome the EU’s Top Court landmark judgment: Member States Must Recognise Same-Sex Marriages from Other EU Countries

The EU Court of Justice has ruled that it is unlawful for Poland to refuse to recognise a same-sex marriage concluded by two Polish citizens […]
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News

Joint Statement: Landmark CJEU opinion demands legal gender recognition across EU

A new opinion from Advocate General of the Court of Justice of the European Union says all member states must recognise the lived gender of […]
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News

French Court orders end to mandatory gender titles on train tickets

The ruling follows a CJEU judgment and marks a major step for data protection and gender inclusivity in the EU. France’s Supreme Administrative Court (Conseil […]
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Press Release

European Court rules Czech Republic violated trans rights with forced sterilisation

In a pivotal judgment delivered today, the European Court of Human Rights (ECtHR) has found that the Czech Republic violates the rights of trans people […]
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News

What the CJEU AG’s Opinion in the infringement case against Hungary means for LGBTI equality in the EU

The CJEU Advocate General has just delivered her Opinion in the Commission v Hungary “EU values” infringement case (C-769/22) – a major CJEU case on […]
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News

Joint Statement: CJEU to rule on landmark case regarding ban on legal gender recognition in Bulgaria

The European Court of Justice has held a pivotal hearing in the Shipov case, challenging Bulgaria’s de facto ban on legal gender recognition and whether […]
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Report

Inventory of relevant SOGIESC case law and pending cases before the ECtHR and CJEU 2025

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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News

Joint statement welcoming EU’s top court judgment to correct a trans man’s gender identity data in national registry

Today, the European Court of Justice (CJEU) issued a judgment in the case of Deldits (C-247/23), stating that national authorities responsible for keeping public registers […]
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News

Joint statement welcoming CJEU judgment to halt unlawful gender title collection

The EU Court of Justice has judged that it is unlawful for France’s national railway company to force passengers to choose between ‘Mr’ and ‘Ms’ […]
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News

Joint statement on the decision to ban puberty blockers for trans youth in the UK

The recent decision to indefinitely ban the private prescription of puberty blockers for trans youth in the UK marks a profoundly troubling development in the […]
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News

New regulations pose greater risks to trans people in Turkey

New changes from the Turkish authorities to the accessibility of hormones for trans people further threaten health and lives On 20 November, the Turkish Medicines […]
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News

Top European Court holds hearing on Polish refusal to recognise same-sex marriage certificate

Case could establish critical precedent for the freedom of movement of same-sex couples within the EU Yesterday, the Court of Justice of the European Union […]
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Press Release

The ILGA-Europe conference, the largest LGBTI conference in Europe and Central Asia, meets in Bucharest this weekend

The ILGA-Europe Annual Conference, the largest LGBTI conference of its kind in Europe, has brought over 400 LGBTI activists from across Europe and Central Asia […]
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News

Joint statement: EU Court of Justice strengthens trans rights by calling for the automatic recognition in birth certificates

ACCEPT, TGEU and ILGA-Europe welcome today’s decision of the Court of Justice of the EU (CJEU)   said that the refusal of an EU Member State […]
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News

Joint statement: EU Court of Justice Advocate General calls on Hungary to correct trans refugee’s gender marker in national registries

Háttér Society, ILGA-Europe and TGEU welcome an opinion from the Advocate General of the Court of Justice of the European Union stating that Hungarian immigration […]
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News

Joint statement: Trans children and young people in schools deserve safety and understanding

This statement was drafted by IGLYO with input from UK inclusive education experts and Members, and was endorsed by ILGA-Europe and Transgender Europe (TGEU). Returning […]
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News

Joint statement on Italian Constitutional Court ruling on non-binary & trans persons’ rights

ILGA-Europe and TGEU welcome a judgement of the Italian Constitutional Court finding that non-binary peoples’ rights are protected under the Italian Constitution In a judgment […]
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News

Trans woman should have been allowed access to hormone therapy in prison, says European Court

The European Court of Human Rights has found that Poland violated Article 8 of the European Convention on Human Rights, protecting the right to private […]
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Blog

What European countries might soon start recognising non-binary people?

Interested in the current state of non-binary rights in Europe? This concise guide covers the most important updates and developments you should be aware of […]
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News

Joint Statement welcoming European Court ruling that Russia’s trans parent’s foster-care termination violates family rights

In a judgement published yesterday, the European Court of Human Rights found that Russia violated the right to private and family life of a trans […]
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Blog

Remarkable and resilient Prides across Europe

Amid political turmoil, war, social issues and cultural changes, Pride celebrations in Europe continue to demonstrate the resilience and determination of LGBTI communities Today, on […]
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News

Joint Statement: Milestone for trans and intersex rights in Europe

ILGA-Europe, TGEU, OII Europe, IGLYO and EL*C jointly welcome the inclusion of SOGIGESC grounds in new EU Directive on minimum standards for equality bodies On […]
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News

European court hears landmark case on trans rights in Hungary

The Court of Justice of the European Union held a significant hearing today concerning legal gender recognition for trans people in Hungary Today, the Court […]
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News

Joint Statement on the Council of Europe Gender Equality Strategy 2024-2029

The Strategy includes a clearly intersectional approach that explicitly includes discriminations based on sex and gender and SOGIESC grounds, especially LBTI women. It also contains […]
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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 2024

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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