Transgender Europe, ILGA Europe, and Transvanilla Transgender Association have been granted their request to submit observations in the case Rana v. Hungary (Application no. 40888/17).
The present case concerns a trans person with Iranian citizenship and refugee status in Hungary. The Hungarian authorities summarily rejected their request for legal gender recognition, invoking the absence of a specific legal procedure regulating the situation of foreigners in this context. The present case is illustrative of the obstacles facing trans refugees or other legally settled migrants applying for legal gender recognition in the country of settlement, particularly if their country of origin is hostile to such claims. This disagreement may potentially result in a permanent state of limbo for the person concerned, condemning them to living on the margins in their adoptive countries. More specifically in relation to Hungary, this case takes place against the background of a wider legal vacuum in relation to legal gender recognition that also affects Hungarian citizens in addition to foreigners.