you're reading...
Institutional and Legal Affairs, PUBLICATIONS

Trans and intersex issues: Challenges for EU law

The EP Intergroup on LGBT rights and the The Greens/EFA held a seminar on Trans and Intersex issues on 26 September 2012. Intersexuality refers to people whose biological sex cannot be classified as clearly male or female.

The aim of the seminar was to present a recent study requested by the European Commission on discrimination of trans and intersex people and to discuss its findings with one of the authors, MEPs, institutions and civil society.

The study

Transgender vector

Copyright Augusto Cabral. Under
licence from Shutterstock.com

The study examines the legal treatment of discrimination against trans and intersex people on the grounds of sex, gender identity and gender expression in EU member states. As neither discrimination based on gender identity nor on gender expression are expressly prohibited in EU anti-discrimination law, the protection of gender and intersex people is not fully guaranteed at EU level. Nevertheless, according to the case-law of the European Court of Justice, discrimination against trans people can amount to discrimination on the ground of sex, in the case that these people intend to undergo, are undergoing or have undergone gender reassignment. Implementation of this case-law is however slow in the majority of the member states.

Reactions to the study

The study was warmly welcomed by the contributors of the panel. The majority of them called on the EU institutions to take action in order to protect trans and intersex people from discrimination and marginalisation. The representative of Transgender Europe reminded the audience that human rights apply to transgender people as well. Therefore, the EU should prohibit discrimination on the grounds of gender identity and expression. A similar wish was expressed by the representative of the Organisation Intersex International Germany.

Future of EU anti-discrimination law

MEPs from the Intergroup on LGBT rights said they were prepared to ask the Commission to launch a Roadmap on LGBT issues but complained about a lack of will on the side of the institution in the past. A Commission representative replied that the institution’s current priority is to monitor and assess the compliance of current national legislations with EU directives and the Charter of Fundamental Rights, rather than to prepare a roadmap.

For further information see also the Library briefings Transgender people in the EU: Social and legal issues and The LGBT toolkit

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Download the EPRS App

EPRS App on Google Play
EPRS App on App Store
What Europe Does For You
EU Legislation in Progress
Topical Digests
EPRS Podcasts

Enter your email address to follow this blog and receive notifications of new posts by email.

Join 3,327 other followers

Disclaimer and Copyright statement

The content of all documents (and articles) contained in this blog is the sole responsibility of the author and any opinions expressed therein do not necessarily represent the official position of the European Parliament. It is addressed to the Members and staff of the EP for their parliamentary work. Reproduction and translation for non-commercial purposes are authorised, provided the source is acknowledged and the European Parliament is given prior notice and sent a copy.

For a comprehensive description of our cookie and data protection policies, please visit Terms and Conditions page.

Copyright © European Union, 2014-2019. All rights reserved.

%d bloggers like this: