Posted on 12. December 2012 in Work with Institutions


European Parliament demands human rights for trans people


The European Parliament adopted today its annual review of the situation of fundamental rights in the EU 2010-211. Read below specific sections relating to trans people and gender identity.

It is the second time that the European Parliament has explicitly spoken out against the pathologization of transgender identities and suggests the Argentinean law on legal gender recognition as example to member states.

The full text can be viewed  here.


The European Parliament,


86.  Calls on the Commission to propose a recast of the Council Framework Decision on combating certain forms and expressions of racism and xenophobia by means of criminal law including other forms of bias crime, including on grounds of sexual orientation, gender identity and gender expression;

87.  Calls on Member States to adopt the national legislative framework to address discriminations experienced by LGBT people and same-sex couples on grounds of their sexual orientation or gender identity, and urges them to guarantee effective implementation of the existing EU legal framework and CJEU case-law;

88.  Calls on Member States to register and investigate hate crimes against gay, lesbian, bisexual and transgender people (LGBT) and adopt criminal legislation prohibiting incitement to hatred on grounds of sexual orientation and gender identity;

91.  Calls on the Commission to bring forward a proposal for the full mutual recognition of the effects of all civil status documents across the EU, including legal gender recognition, marriages and registered partnerships, in order to reduce discriminatory legal and administrative barriers for citizens who exercise their right to free movement;

92.  Calls on the Commission and the Council to intervene more forcefully against homophobia, violence and discrimination based on sexual orientation, including by calling on Member States’ mayors and the police to protect freedom of expression and demonstration on the occasion of LGBT pride marches; calls on the Commission to use the results of the ongoing FRA survey in order to finally follow up the repeated calls by Parliament and NGOs and issue, as a matter of urgency, the EU Roadmap for equality on grounds of sexual orientation and gender identity, with a view to its adoption by 2014;

94.  Deplores that transgender people are still considered mentally ill in a number of Member States; calls on Member States to introduce or review legal gender recognition procedures, on the model of Argentina, and review conditions (including forced sterilisation) set for legal gender recognition; calls on the Commission and the World Health Organisation to withdraw gender identity disorders from the list of mental and behavioural disorders and to ensure a non-pathologising reclassification in the negotiations on the 11th version of the International Classification of Diseases (ICD-11)

95.  maintains that the asylum package must remain coherent and include sexual orientation and gender identity in the Asylum Procedure Directive

96.  Calls on Member States to ensure access to employment and goods and services without discrimination on grounds of gender identity, in line with EU law[1]



[1] Directive 206/54/EC of the European Parliament and of the Council on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast); Council Directive 2004/113/EC implementing the principle of equal treatment between men and women in the access to and supply of goods and services.