Posted on 11. January 2011 in Resources, Law, discrimination & human rights

Report on gender discrimination in employment and access to goods and services – June 2011




Does EU-protection from gender discrimination work for trans people? How are EU gender equality laws implemented in member states when it comes to trans people?

In June 2011, ILGA-Europe and Transgender Europe have made a joint submission towards the European Commission’s monitoring of the implementation of the Gender Goods and Services Directive (Dir 2004/113/EC) and the Gender “Recast” Directive (Dir 2006/54/EC) in the EU Member States.

>>>> Download the full report here <<<<


 ILGA-Europe and TGEU recommend to the European Commission to…

  1. proceed to the review of the implementation of both directives with a particular focus on discrimination based on gender identity and gender expression
  2. call on Bulgaria, Italy, Liechtenstein, Malta, Poland, Portugal and Romania to amend the restrictive understanding of their national law implementing both directives so as to ensure a minimal protection against discrimination on the ground of gender identity and gender expression
  3. ask for clarifications to Cyprus, Iceland, Latvia and Luxembourg where the coverage of gender identity and gender expression by national legislation remains unclear
  4. launch an infringement procedure against those Member States that do not undertake the necessary changes
  5. undertake a legal analysis of requirements for gender recognition legislation (i.e. change of name and legal gender) and their requirements in Member States towards their compatibility with both directives
  6. liaise with the Member States to ensure that national equality bodies investigate cases of discrimination on the ground of gender identity and gender expression
  7. ensure that national authorities and equality bodies give publicity to the coverage of gender identity and gender expression in their anti-discrimination policy
  8. promote good practices put in place in some of the Member States in the field of gender-based discrimination
  9. organise „train the trainers‟ programmes on legal issues designed for Member States
  10. encourage Member States to organize trainings on discrimination issues for the judges and all the legal officers and national equality bodies‟ officers (with a particular focus on the situation of transgender and intersex people)
  11. liaise with DG SANCO to develop measures targeted at improving the access of trans-people towards general health-care provision such as educational programs combating prejudice among medical practitioners and offering guidance on development and implementation of trans-friendly treatment guidelines to all Member States
  12. commission research on discrimination against intersex people and how to best cover them under the existing EU legal framework.


>>>> Download the full report here <<<<


Download annexes here:



The review of how these laws work in the EU is ongoing! If you want to submit an own report for your country, write to

Joint contribution by ILGA-Europe, Transgender Europe and OII-Germany towards the European Commission’s assessment of the state of affairs vis-à-vis gender discrimination in education and the provision of financial services

>>> Download report here <<<<


We want your input! How does EU law work in your country?

The next report will be submitted in February and will look at the following areas:

Report on the implementation of 2004/113/EC Gender Goods and Services and 2006/54/EC Gender Recast Directive ILGA-Europe, Transgender Europe and OII-Germany will look at the implementation of this directive with regard to sex, gender, gender identity, and gender expression. Please refer to the Guidelines (particularly pgs 28-30) and assess your country’s efforts to promote equality for lesbian, bisexual women, trans and intersex people through these directives.

We want your input!

We surely want to provide input in terms of:
– access to justice (equality body or equivalent) as all countries should have such a body in place,

and impact of the directive in reducing discrimination in:
– access to goods and services – particularly healthcare –  but also all forms of contracts, buying/ selling etc.
– employment and workplaces.

It will thus be relevant for your respective organisations to send us input in terms of:
– any efforts that are conducted nationally to promote equality for all, including sex, gender, gender identity, and gender expression (campaigns, publicly financed programmes, publications etc.) the knowledge of the legislation in workplaces and society at large.
– cases of discrimination (discriminatory comments by Ministers etc. will also be useful) or statistical data on discrimination.