EU Court Rules Against Hungary in Transgender Refugee Case
A landmark decision reaffirms the rights of transgender individuals regarding personal data and identity.
The Court of Justice of the European Union (CJEU) ruled on Thursday that Hungary cannot require an Iranian refugee to provide proof of gender-affirming surgery in order to amend his gender in official records.
The ruling pertains to the case of an Iranian transgender man, identified only as VP, who was born female and received refugee status in Hungary as a transgender individual in 2014, supported by medical documents.
While Hungary granted him asylum, the refugee registry continued to list him as female.
VP requested a correction of his name and gender based on EU data protection laws, arguing that these regulations guarantee individuals the right to rectify inaccurate information about themselves.
Hungary denied this request, claiming he failed to submit evidence of undergoing gender-confirming surgery.
The CJEU upheld VP's right to amend personal information related to his gender identity, stating that a member state’s administrative practices cannot condition this right on the presentation of proof of gender-affirming surgery.
The court emphasized that such practices violate fundamental rights, particularly the right to personal integrity and respect for privacy.
Gender identity is described as one of the most intimate aspects of private life, and transgender individuals have the right to personal development, bodily and moral integrity, as well as recognition and respect for their gender identity.
Highlighting the particular importance of this right, the court noted that states have limited discretion in this area.
It clarified that a member state cannot invoke national law that lacks procedures for the legal recognition of transgender identity to restrict the exercise of the right to rectification.
Currently, Hungary does not legally recognize transgender identities.
However, the ruling mandates that states must respect the rights of individuals in relation to their gender identity, independent of the lack of national recognition of transgender status.
The ruling pertains to the case of an Iranian transgender man, identified only as VP, who was born female and received refugee status in Hungary as a transgender individual in 2014, supported by medical documents.
While Hungary granted him asylum, the refugee registry continued to list him as female.
VP requested a correction of his name and gender based on EU data protection laws, arguing that these regulations guarantee individuals the right to rectify inaccurate information about themselves.
Hungary denied this request, claiming he failed to submit evidence of undergoing gender-confirming surgery.
The CJEU upheld VP's right to amend personal information related to his gender identity, stating that a member state’s administrative practices cannot condition this right on the presentation of proof of gender-affirming surgery.
The court emphasized that such practices violate fundamental rights, particularly the right to personal integrity and respect for privacy.
Gender identity is described as one of the most intimate aspects of private life, and transgender individuals have the right to personal development, bodily and moral integrity, as well as recognition and respect for their gender identity.
Highlighting the particular importance of this right, the court noted that states have limited discretion in this area.
It clarified that a member state cannot invoke national law that lacks procedures for the legal recognition of transgender identity to restrict the exercise of the right to rectification.
Currently, Hungary does not legally recognize transgender identities.
However, the ruling mandates that states must respect the rights of individuals in relation to their gender identity, independent of the lack of national recognition of transgender status.
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