EU Policy and Transgender Rights

In 2020, the European Commission published an 'LGBTIQ Equality Strategy 2020–2025', which includes a focus on the recognition of transgender identity, protection against discrimination and healthcare.

LGBTIQ Equality Strategy

In 2020, the European Commission published an 'LGBTIQ Equality Strategy 2020–2025', which includes a focus on the recognition of transgender identity, protection against discrimination and healthcare.

Court of Justice of the EU

In several cases, including P v S, KB and MB, the Court of Justice of the EU has classified discrimination on the grounds of gender reassignment as sex discrimination under EU law.

Directives

Various EU directives on equal treatment in the workplace and in access to goods and services apply to discrimination on the grounds of gender reassignment. How the concept of gender identity has found its way into the policies of the European institutions, and what criticism exists regarding this, is described by genderbeleid.nl.

What the EU does and does not regulate

The European Union does not regulate the organisation of healthcare or civil registries. Whether a country allows puberty blockers and under what conditions someone can change their registered sex is determined by the Member States themselves. The EU affects this area indirectly through rules on equal treatment, the free movement of persons and the protection of personal data. This explains why significant differences between Member States remain. Countries such as Spain, Portugal, Ireland and Germany use self-identification, while Hungary made legal gender reassignment impossible in 2020. Poland has no specific legislation and handles changes through civil proceedings.

Recent rulings by the Court

In recent years, the Court of Justice has issued three rulings that go beyond employment law. In the Mirin case, the Court ruled in October 2024 that a Member State must recognise a change of first name and sex that a citizen has lawfully obtained in another Member State and record it in its own registers. In the Mousse case, it ruled in January 2025 that a railway company may not require customers to provide a form of address if this is not necessary for the service. In the Deldits case, it followed in March 2025 that the right to rectification under the General Data Protection Regulation also applies to the sex recorded by a public authority in a register.

EU and Council of Europe

The European Court of Human Rights in Strasbourg is often confused with the EU, but it is part of the Council of Europe. In 2002, in Goodwin v. the United Kingdom, that court ruled that states must make legal gender reassignment possible, and in 2017, in a case against France, that sterilisation may not be a requirement. These rulings are binding on all Council of Europe member states, including countries outside the EU. More about the legal aspects can be found under legal matters.