‘Mirin’ and beyond − gender identity, domestic private international law, and human rights in the EU

Abstract This article deals with gender identity and private international law, particularly in cross-border situations within the European Union (EU). It examines how different legal systems handle legal gender determination and change, including binary and non-binary approaches, as well as the conflicts that arise when individuals wish to have their status recognized in another country. A central point is the analysis of the impact of the CJEU’s ‘Mirin’ ruling, which strengthens the right to free movement and recognition of gender identity in EU Member States. The text argues that recognition of a gender status legally acquired abroad is essential for reasons of continuity of status and the protection of personal rights. Recognition/Acceptance can, therefore, only be refused under exceptional circumstances.