EU states must not block trans people’s right to accurate identity documents, rules Court of Justice

The European Court of Justice (ECJ) has ruled that Bulgaria’s refusal to provide legal gender recognition in certain cases may breach EU law if it prevents citizens from exercising their right to free movement.

The ruling, as per The Telegraph, follows a February 2023 decision by the Bulgarian Supreme Court, which established that Bulgarian law does not allow trans citizens to change their sex, name, or identity number on official documents.

The ECJ spoke out after a case involving a Bulgarian trans woman living in Italy, who had been denied recognition of her gender and name on Bulgarian documents for nearly a decade.

Bulgarian law prioritised public interest based on moral and religious values over trans rights

The Court noted that the Bulgarian legislation, which prioritised public interest based on moral and religious values, conflicted with trans rights.

Yesterday, the ECJ ruled in case C-43/24 Shipova, stating that Bulgaria’s anti-trans legislation “is contrary to EU law.”

The ECJ confirmed that the trans woman was legally exercising her freedom of movement (Article 21 TFEU) and her right to private life (Article 7, EU Charter), which protect gender identity.

The European Court of Justice’s ruling affects all 27 EU member states

The ruling applies to all 27 EU member states, including Bulgaria, Hungary, and Slovakia, which currently have laws and rulings that block access to legal gender recognition.

Governments must ensure that passports, ID cards, and civil registry entries reflect a person’s lived gender, based solely on self-determination, not surgery.

Courts and governments are obliged to provide clear, accessible, and transparent procedures for legal gender recognition.

“Today’s judgment is a huge step forward for the protection of trans persons’ fundamental rights” – ILGA-Europe’s Marie-Hélène Ludwig on the ECJ ruling

Marie-Hélène Ludwig, senior strategic litigation advisor at ILGA-Europe, welcomed the ruling.

In a statement issued on their website, they said: “Today’s judgment is a huge step forward for the protection of trans persons’ fundamental rights under EU law, in a context where three member states are now completely banning legal gender recognition.

“The Court said it clearly: a member state’s refusal to grant LGR and issue functioning identity documents hinders the exercise of the right to free movement and residence attached to EU citizenship. The European Commission now has a strong legal basis to swiftly act against states that do not comply with this judgment,” they added.