Council of Europe and transgender rights

The Committee of Ministers’ Recommendation CM/Rec(2010)5 called on member states to protect LGBT people from discrimination and violence, with a chapter on gender identity.

Committee of Ministers (2010)

The Committee of Ministers’ Recommendation CM/Rec(2010)5 called on member states to protect LGBT people from discrimination and violence, with a chapter on gender identity.

Resolution 2048 (2015)

The Parliamentary Assembly of the Council of Europe adopted Resolution 2048 (2015) on discrimination against transgender people, with recommendations for rapid and accessible legal recognition without medical requirements.

Case law

Recommendations operate through member states and are not binding. However, they have influenced national legislation, for example in Denmark, Belgium and Malta, as well as the case law of the European Court of Human Rights.

What the texts call for

The Committee of Ministers’ recommendation was adopted on 31 March 2010. Among other things, it calls for rapid, transparent and accessible procedures for legal gender recognition. Resolution 2048 was adopted on 22 April 2015, with Deborah Schembri as rapporteur. The resolution goes further than the recommendation. Recognition must be based on self-determination, and requirements such as sterilisation and other compulsory medical interventions must be abolished. States are asked to consider a third gender option in identity documents. In cases involving children, the best interests of the child must come first. In the Netherlands, a bill along these lines was withdrawn; see the self-identification bill.

Commissioner for Human Rights

In July 2009, Thomas Hammarberg, then Commissioner for Human Rights of the Council of Europe, published the Issue Paper Human rights and gender identity. He stated that sterilisation or any other medical treatment must not be a mandatory condition for recognising a person’s gender identity. The document refers to the Yogyakarta Principles as a guide for national legislation. The document anticipated the later texts of the Committee of Ministers and the Parliamentary Assembly. In 2024, the Assembly adopted Resolution 2543 on freedom of expression and assembly for LGBTI people. It calls on member states to implement the European Court’s judgments on LGBTI rights.

Scope and criticism

The Council of Europe has 46 member states and is a different organisation from the European Union. Recommendations and resolutions are political texts. Only judgments of the European Court bind the state concerned. The European Centre for Law and Justice criticised Resolution 2048, arguing that it creates new and controversial rights relating to gender identity. The Court does not follow the resolution on every point either. In Y. v. France (2023), it left the choice of a neutral gender designation to the state. See also the European Court and transgender rights, the overview of the case law and EU policy. A broader overview of treaties and judgments can be found under international rights.

Frequently asked questions