Pushing for trans rights: How the Court of Justice can turn the EU into a ‘freedom zone’ for trans citizens

The European Union (EU) claims to be an ‘LGBTIQ freedom zone’. Yet, for trans persons, this promise remains largely unfulfilled. Even though they continue to face significant discrimination, there are practically no provisions in EU law that explicitly protect trans rights. So far, it has been especially the Court of Justice that has pushed for their stronger protection. Already in the 1990s, it started tackling discrimination against trans persons. The Court’s decision in Mirin has added another, transnational layer of protection: mutual recognition. The Court requires national authorities to recognize changes of a person’s legal gender identity acquired in another Member State. Free movement thus becomes a vehicle for the recognition of trans rights. This could spark developments both at the national and EU level. In the Member States, the ruling could trigger transformative reform processes and lead to a further alignment and opening of national frameworks governing legal gender recognition. At European level, the judgment may foreshadow further judicial and legislative development, particularly when it comes to accessing procedures of legal gender recognition, not only for mobile, but also for immobile trans citizens. Together, these developments might bring the EU an important step closer to becoming a true ‘freedom zone’ for trans citizens.