The Cross-Border Recognition of Changes in the Legal Sex of Transgender Persons: The Landmark ECJ ruling in the Mirin case by Professor Alina Tryfonidou

In this section
The Cross-Border Recognition of Changes in the Legal Sex of Transgender Persons: The Landmark ECJ ruling in the Mirin case by Professor Alina Tryfonidou
-

This is a past event

Transgender persons are among the most vulnerable and marginalised groups in the EU, yet they remain notably absent from EU primary and secondary legislation. The ECJ’s recent ruling in Mirin constitutes a significant milestone in advancing transgender rights under EU law. The main question in this case was whether EU Member States are required under EU law to recognise a change in legal sex lawfully concluded in an EU Member State, according to its procedures for legal gender recognition. The Court ruled that Member States are indeed required to fully recognise such changes for all legal purposes, as failure to do so would create obstacles to the free movement of Union citizens who have undergone the process, in order to align their legal sex with their gender identity. This presentation will analyse the Mirin judgment, focusing on the Court’s reasoning and its departure from the more restrictive stance previously taken in cases involving the free movement of married same-sex couples (Coman) and rainbow families (V.M.A.) under EU law. It will also explore the broader implications of the ruling for the protection of transgender rights under EU law, while identifying gaps in protection and points which have not been clarified by the ruling.

 

Speaker
Professor Alina Tryfonidou
Hosted by
School of Law
Venue
Hybrid Event (On Campus Venue - Taylor A21)
Contact

Event is open to all and free to attend. If you would like to attend this event online please contact law-research@abdn.ac.uk