Friday, October 4, 2024

Top European Court rules for automatic recognition of legal gender throughout EU Member States

 


The Court of Justice of the European Union (CJEU) ruled that Member States of the European Union (EU) should recognise legal gender recognition granted in another Member State.

This decision supports Arian Mirzarafie-Ahi, a Romanian trans man who was denied recognition in Romania after changing his gender marker in the UK. The CJEU ruled in favour of Arian, stating that Romania must recognise the legal gender recognition granted in the UK. 

The Court emphasised that the refusal to acknowledge changes of forename and gender acquired in another Member State is contrary to the fundamental rights of EU citizens, particularly the principles of free movement and non-discrimination. 

The importance of this judgement extends beyond the applicant’s individual circumstance, and underscores the broader issue faced by trans people whose legal gender recognition in one Member State is not acknowledged elsewhere in the EU, preventing them to travel freely, live, work or study across the EU, or even to vote, as any other citizen is able to.  

The judgement confirms the principle that rights legally obtained in one Member State must remain valid throughout the EU. 

Read the court ruling of the case here.



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