Alana Queer (elle/they/them)Joint statement: Landmark CJEU ruling demands Member States to ensure legal gender recognition to guarantee freedom of movement
Today’s judgment by the Court of Justice of the EU (CJEU) says all member states must provide for legal gender recognition procedures allowing their citizens who have exercised their right to move and reside freely in another member state to obtain identity documents matching their lived gender.
Today, the CJEU delivered its ruling in the case C-43/24 Shipova, marking a historic step forward for trans people’s rights across the EU.
The Court stated that under EU law provisions on freedom of movement and fundamental right to private and family life, member states have an obligation to legally recognise the lived gender of their nationals who have exercised their right to move and reside in another member state in their civil status registers; i.e. they must have a functioning process for legal gender recognition (‘LGR’) in place. This is because, as the Court confirmed, identity documents and passports are key for EU nationals to enjoy freedom of movement, so in order to avoid “considerable inconveniences” in particular during identity checks or cross-border travel or in professional settings. Therefore, member states must provide identity documents and civil registry entries matching the person’s lived gender. The Court also recalled that tolerating discrimination against trans persons breaches their dignity and freedom. It also decided that national courts are not bound by supreme court’s decisions that run contrary to today’s judgment and EU law.
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https://tgeu.org/joint-statement-landmark-cjeu-ruling-demands-legal-gender-recognition/
Joint statement: Landmark CJEU ruling demands Member States to ensure legal gender recognition to guarantee freedom of movement - TGEU - Trans Europe and Central Asia
Today’s judgment by the Court of Justice of the EU (CJEU) says all member states must provide for legal gender recognition procedures allowing their citizens
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Kevin Karhan 
