The European Court of Justice has ruled that Bulgaria’s ban on allowing transgender people to change their gender on their birth certificate violates European law.
The case centers on “Sipova” (referred to in court documents as KMH), a Bulgarian transgender woman who immigrated to Italy and began hormone therapy. Her request to change her gender on her birth certificate in Bulgaria was rejected.
With support from LGBTQ rights organizations ILGA Europe and TGEU (Trans Europe and Central Asia), and Bulgarian organizations Bility Resource Center Foundation and Deshtvi, Ms. Shipova challenged the government’s refusal to amend her birth certificate.
On her behalf, the group argued that refusing to change Ms Shipova’s gender marker would limit her “freedom of movement” – the right to live and reside freely in EU member states. They also said the lack of a corrected birth certificate hinders their ability to live their daily lives as trans women, according to the LGBTQ publication. they.
“As her life in Italy was also dependent on Bulgarian documents, the lack of documents reflecting her birth gender creates obstacles to her right to move and reside in the EU member state,” the organizations said in a statement. news release. “The discrepancy between her gender identity and expression and the gender indicators on official documents has led to discrimination in all areas of life where official documents are required. This includes everyday activities such as going to the doctor, paying for groceries with a credit card, getting a job, getting an education, and obtaining housing.”
The European Court of Human Rights previously ruled that: 2020 And then again 2022 — that Bulgaria’s ban on changing gender markers on birth certificates violates the European Convention on Human Rights because it does not provide transgender people with a clear, accessible and effective procedure for legal recognition of their gender identity.
On March 12, the European Court of Justice Found It argued that Ms Šipova was exercising her freedom of movement and was protected by EU law protecting gender identity, concluding that her lived transgender identity and the non-conformity of her gender on official documents could impede that freedom.
The court also found that European law supersedes national law in all 27 EU member states, prohibiting states from implementing laws that prevent transgender people from changing their name or gender marker in official records.
Bulgaria’s Supreme Court ruled in 2023 that transgender people cannot change their gender on their identity documents, arguing that “the constitution and Bulgarian law are built on an understanding of the binary existence of humanity.” vulcan insight.
Similarly, in 2020, Hungary, considered one of the most vocal anti-LGBTQ member states in the EU, in part because the ruling Fidesz party has scapegoated LGBTQ people and same-sex families, banned transgender people from having their identity documents altered to match their actual gender.
The European Court of Justice’s decision referred further proceedings to the Bulgarian court that originally heard Ms Shipova’s case.
Coalition of LGBTQ groups supported Shipova was praised The decision called on EU member states to ensure they have legal gender recognition processes in place that do not impose surgical, medical or psychiatric requirements on people seeking to change their gender.
“For years, transgender people in Bulgaria have had no realistic possibility of obtaining documents that reflect their identity, creating constant barriers in their daily lives,” Adi Petrov, project coordinator at the Bilitis Resource Center Foundation, said in a statement. “In this case, those obstacles directly undermined the applicant’s right to live and move freely within the EU. Today’s judgment is an important step towards restoring dignity and legal stability, and Bulgaria must now bring its laws and practices into line with EU law.”
Source: Metro Weekly – www.metroweekly.com
