Freedom of Movement | ILGA-Europe

View all

Publications

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 […]

Bulgaria’s Supreme Court Rejects Baby Sara’s Bulgarian Citizenship

Arguing that Baby Sara is not a Bulgarian citizen, the country’s Supreme Administrative Court (SAC) said that their decision not to grant a birth certificate […]

The 5 largest attacks on the fundamental rights of LGBTI people in the EU last year

In our submission to the European Commission’s annual Rule of Law report, we’ve identified key trends in the systematic attacks on the rights of LGBTI […]

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.

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?

Coman and Others v Romania

Recognition of same-sex marriages in the context of freedom of movement in the EU through the prism of implementation of CJEU’s Coman judgment.

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.

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.

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.

European Court must rule in favour of a child at risk of statelessness and her family’s freedom of movement in the EU, say leading LGBTI rights organisations

Authorities in Bulgaria have not recognised the valid EU birth certificate of the child of a same-sex couple. On February 9, the Court of Justice of the European Union must clarify that if you are a parent in one EU country, you are a parent in every EU country.

LGBT families and the Free Movement Directive: Implementation Guidelines

These guidelines provide an introduction to the Directive on the right to free movement, an explanation of those provisions relevant to LGBT families, an overview […]

Guidelines Free Movement Directive

The goal of these guidelines is twofold. First, the guidelines are meant to assist organisations in monitoring national law in order to ensure that same-sex […]