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.