A survey reveals which EU countries actively promote equality for trans people
Transgender people, more specifically those intending to, undergoing or having undergone gender reassignment, are protected from discrimination in EU Gender Equality legislation. National Equality Bodies (NEBs) are independent institutions in each country, whose task it is to promote equality and combat discrimination. Their mandate and exact scope might differ. However, those in the EU cover Gender Equality in their mandate and hence discrimination against transgender people.
The survey shows that in 8 countries transgender people are not protected whatsoever; in 4 countries the situation is unclear; whereas 17 countries explicitly afford protection.
>>> Download the full survey here <<<
ILGA-Europe has undertaken a survey with the support of Equinet among all National Equality Bodies during May 2011 asking them four questions:
- Is discrimination on the grounds of gender identity and gender expression express or implicitly protected in national legislation?
- Does the NEB have the remit to investigate cases of discrimination on the ground of gender identity and gender expression?
- Have trans and/or intersex people submitted cases of discrimination to the NEB?
- Has the NEB taken any measures to promote equality for trans and intersex people?
All the equality bodies (or equivalent structures) have sent their replies except Malta.
We invite you to check your country how it is doing when it comes to protecting trans people against discrimination. You can find an overview of the research as well as the country questionnaires.
Equinet, the European network of national Equality Bodies has produced guidance on Making equality legislation work for Trans people. It provides suggestions to equality bodies on how to increase the visibility of transgender people in their work.
Check out how your national institution does and tell them how YOU think they could improve their services to trans people. Contact persons with email addresses and are given in each country questionnaire.
If you want to find out more on how EU Gender Equality legislation protects transgender people and how this should look like in your country, view this publication by ILGA-Europe: TRANSGENDER PEOPLE AND THE GENDER RECAST DIRECTIVE.
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Implicitly covered under the ground of sex
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Autonomous ground
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NEB mandated to tackle gender reassignment
discrimination
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Trans people that are covered by NEB[1]
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Cases that have reached the NEB
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NEB’s specific measures promoting trans equality
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|||
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Yes
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No
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Yes
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All trans may be covered[2]
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3 cases concluded.
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Organised a conference on trans issues (2009)
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|||
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Yes
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No
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Yes
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All trans: transsexuals expressly; other trans ad hoc
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81 cases (since 2006); 1 legal action ongoing
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Specific research; partnership with trans organisations
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|||
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No
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No, open ended list
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Not statutory
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All trans may be covered
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3 cases; 1 case ongoing
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None
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|||
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Unclear
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No
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No (only ad hoc)
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All trans may be covered
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3 cases; 2 cases ongoing
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None
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|||
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Yes, sexual identification
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No
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Yes
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All trans may be covered
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None
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None
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|||
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Yes
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No
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Yes[4]
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All trans may be covered
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n/a
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Trans organisation in NEB committee
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|||
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Yes
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No
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Yes (NEB interpretation)
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All trans may be covered
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1 case (since 2005)
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None
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|||
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Yes
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No
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Yes
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All trans and intersex (NEB interpretation)
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5-10 cases per annum
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Advice to government; focus on trans issues during 2011; dialogue with trans & LGBTI organisations
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|||
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Yes
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No
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Yes
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Transsexuals only, other trans no
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4 cases
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Dialogue with trans organisations
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|||
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Yes
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Yes, Sexual Identity
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Yes
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All trans and intersex
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114 enquiries: 98 trans, 16 intersex. No decisions yet
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Research
|
|||
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Yes
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No
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Yes
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All trans may be covered
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2 cases (since 2010)
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None
|
|||
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No
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Yes, Sexual identity
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Yes, expressly
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All trans may be covered
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2 cases (since 2005)
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None
|
|||
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Unclear
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No
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Yes
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All trans may be covered
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1 case (since 2009)
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None
|
|||
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Yes
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No
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Yes
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All trans may be covered
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1 case (decided 2011)[6]
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Advice to government
|
|||
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No
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No
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No
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None
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n/a
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Dialogue with trans organisations
|
|||
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Unclear
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No
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Yes (NEB interpretation)
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All trans may be covered
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3 cases (since 2006)
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None
|
|||
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No
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No
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No
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None
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n/a
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None
|
|||
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No
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No
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No
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None
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n/a
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None
|
|||
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Unclear
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No
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Yes
(Board decision) |
All trans may be covered
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6 cases (since 2008)
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Dialogue with trans organisation
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|||
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No
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No
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No
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None
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#
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None
|
|||
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Yes
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No
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Yes
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All trans (NEB interpretation)
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22 decisions (since 1998): 19 transsexual, 1 transgender, 1 transvestite.
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Dialogue with trans organisation
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|||
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Yes
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No
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Yes
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Transsexuals only, other trans no
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4 cases, 11 requests for information
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Advice to government
|
|||
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No
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No
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Not expressly
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Unclear
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1 case (since 2010)
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None
|
|||
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No
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No
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No (only ad hoc)
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Unclear
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n/a
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None
|
|||
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No
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No, open ended list
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Not statutory
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All trans may be covered
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n/a
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None
|
|||
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Yes, Sex or gender identification
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No
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Yes, expressly
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All trans may be covered
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1 case (received 2011), 2 requests for information
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None
|
|||
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Yes
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No, open ended list
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Not expressly
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All trans may be covered
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2 cases (ground of sexual identity established)
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Advice to government
|
|||
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Yes
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Yes, Sexual identity
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Yes, expressly
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All trans, expressly covered
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n/a
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n/a
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|||
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Yes
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Yes, Transgender identity and expression
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Yes, statutory
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All trans, expressly covered
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25 complaints received on specific ground. Few other cases under sex
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Working group on trans issues, action plan (2009 – ); advice to government
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United Kingdom
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No
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Yes, gender reassignment
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Yes, statutory
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Transsexuals expressly covered, other trans no
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9 strategic cases; 200 queries (since 2009). 6 additional cases (Scotland).
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Capacity building and funding for trans organisations; policy and law review; various specific publications
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Yes
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No
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Yes
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Transsexuals only, other trans no
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1 out of court settlement; various enquiries
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Advice to government
|
|||
The table above shows that there are great variations across the European Union and EEA countries when it comes to coverage of trans people under domestic law. It also shows that even though some progress has been registered since 2009[1], several states do not meet the standards that were set by ECJ case-law. Indeed, based on the information that was collected, it appears that Bulgaria, Italy, Liechtenstein, Lithuania, Malta, Poland, Portugal and Romania fall short of meeting the established principle including gender reassignment within the meaning of sex. The situation in Cyprus, Iceland, Latvia, and Luxembourg is unclear and coverage is entirely dependent on the respective NEB’s willingness. Austria, Belgium, Denmark, Estonia, Finland, France, Greece, Ireland, the Netherlands, Northern Ireland, Norway and Slovenia seem to meet the requirement even though they do not include an express reference in the law. In the Czech Republic and Slovakia the ground of sex is expressly extended to cover sexual identification (and gender identification in the latter) while Germany, Great Britain, Hungary, Spain, and Sweden have an autonomous ground that is equivalent to gender reassignment or gender identity and gender expression. Belgium and Finland are both undergoing a review of existing legislation and are expected to introduce an autonomous ground of gender identity and gender expression in domestic law, thus joining the growing number of countries that are opting for a separate ground of anti-discrimination.
>>>Download the full survey here<<<