Necesitatea modificării cadrului legal românesc în materia recunoașterii juridice a schimbării de gen în actele de stare civilă

In the context of protecting the fundamental rights of transgender individuals, the case law of the European Court of Human Rights (ECHR) and the Court of Justice of the European Union (CJEU) plays an essential role in defining and promoting these rights. Thus, the case law of the ECHR and CJEU highlights a European framework in which the recognition of gender identity and protection against discrimination based on it are essential for respecting the fundamental rights of transgender individuals, requiring states to adopt clear and fair legal measures in this regard. This has also occurred in domestic jurisprudence, which has adopted the recommendations of both courts. In line with what is stated by European bodies, the procedure for changing sex remains judicial; however, together with other authors, I believe that regarding the actual procedure, the legislator must provide additional clarification, thus conforming to the considerations expressed in the judgment of X and Y v. Romania.