The Court of Justice of the European Union has reinforced the rights of trans‑gender people by ruling that EU Member States must provide “clear, accessible and effective” procedures for the legal recognition of a person’s lived gender identity. The judgement was issued on Thursday.
The case arose after the Bulgarian Supreme Court of Cassation queried the Court because it doubted whether a national rule in Bulgaria complied with EU law. A Bulgarian citizen who was registered at birth as a male-given a corresponding name, personal identification number, and identity documents-currently identifies and lives as a woman. She resides in Italy, where she has begun hormone therapy.
She had approached Bulgarian courts to amend the personal data in her birth certificate. Despite medical reports and court findings confirming her gender identity, her application was rejected. Bulgarian law prohibits any change to gender, name, or identification number.
The Court found that this prohibition creates a mismatch between the individual’s lived gender and the information in official documents, which is likely to impede the exercise of the right of free movement. It described the resulting situation as causing “significant inconvenience”: during identity checks, border crossings or in professional settings, the individual could be forced to prove her identity or the authenticity of her documents.
The Court held that restrictions on free movement may only be justified when based on objective considerations of the common interest and are proportionate in line with EU law and the fundamental rights guaranteed by the Charter of Fundamental Rights of the European Union. The right to respect for private life protects gender identity, obliging Member States to offer clear, accessible and effective procedures for its legal recognition. Therefore, Bulgaria’s rule violates EU law.