The paperwork should reflect the person’s “lived gender” rather than their biological sex, the European Court of Justice has decided
EU member states are obliged to amend the data on gender in the identification documents of citizens who have undergone a sex change, the Court of Justice of the European Union (CJEU) has ruled.
The papers of transgender persons in the bloc must reflect their “lived gender” rather than their biological sex, the Luxembourg-based body said on Thursday.
The CJEU was deciding on a 2017 case referred to it by Bulgaria’s Supreme Court of Cassation. It wanted to clarify if the country was required to make changes to the birth certificate of a Bulgarian man who had begun hormone therapy to start living as a woman after moving to Italy.
The authorities in Sofia had previously rejected the request, citing the fact that Bulgaria’s laws interpret ‘sex’ strictly in biological terms.
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The CJEU judges came to the conclusion that the state’s reluctance to amend the transgender citizen’s ID after they exercised their right to live in another EU country can hinder freedom of movement and violate the right to private life.
The bloc’s Charter of Fundamental Rights “protects gender identity and obliges Member States to provide for clear, accessible and effective procedures for the legal recognition of it,” the ruling read.
”Member state legislation which does not permit the amendment of the gender data of one of its nationals who has exercised his or her right to freedom of movement is contrary to EU law,” it stressed.
The decision was welcomed by LGBTQ activists, with lawyer Denitsa Lyubenova, who chairs the Deystvie Association, saying that it “opens a door to our community to cite precisely this judgment and take advantage of EU law and be able to travel freely within the EU.”
The ILGA-Europe advocacy group has called upon the European Commission to use the judgment to act against Hungary and Slovakia, which also recognize only two genders – male and female.
Russia, which has taken steps to promote traditional values, banned legal and medical “gender transitions” except in serious medical cases in 2023. Last year, Moscow also outlawed the adoption of children by those living in countries that permit gender-reassignment procedures. According to Russian President Vladimir Putin, the West is engaged in what he called “gender terrorism.”
