LAWS ON TRANSSEXUALITY An international comparison

Overview Legal situation in Europe Only national legislation exists; national laws are very different in form and content Motors of change: ECtHR and ECJ Possible legal implications and/or problems of transsexuality Examples for future development

Legal situation in Europe European Union Council of Europe  Legal competence  Option 1: no gender recognition  Option 2: administrative rules  Option 3: patchwork legislation  Option 4: specific legislation  Anti-Discrimination  Charter of fundamental Rights;  2 leading cases  ECHR applies to all  Motor for changes in national law  6 leading cases Transsexual/ persons

National legislation National legislation is very different –oldest law: Sweden 1972; most advanced law: UK gender recognition act 2004 National law exists in specific statute law, in registry law, in case law and in administrative rules (mostly name change) specific law on gender recognition is rare – mostly patchwork law Specific legislation: e.g. Finland, Germany, Italy, the Netherlands, Sweden, Turkey and UK Old laws often require nationality of the respective country: Sweden, Germany difficult for foreign nationals Many countries require sex change surgery before gender recognition, some also infertility Some country require to be unmarried or divorced

ECtHR Rees v. UK B v.France Cossey v.UK X,Y and Z v. UK Sheffield and Horsham v. UK Goodwin v. UK ECJ P.v.S. and Cornwall County Council K.B. v. National Health Service Pensions Agency Case law from ECtHR and ECJ

Possible legal implications and or problems of transsexuality Gender recognition (name change, change of birth certificate) Compulsory surgery (often irreversible), Psychiatric assessment, Right to marry; Requirement to be unmarried or being divorced Adoption, parental role Data protection Social security and pension rights, medical costs Death and succession

Examples of future development At European level Discrimination on grounds of gender identity is discrimination on grounds of sex (P.v.S.)=> lobby work At national level Legally challenge the requirement of sterility /divorce for the recognition of the person’s gender identity Legally challenge national rules on transsexuality which lead to the infringement of fundamental rights of the EC treaties

Thank you for your attention ! I look forward to your questions and a lively debate