by Jamie Wareham
March 15, 2025
Introduction:
Read more here: https://www.wearequeeraf.com/a-trans-r ... europe/(QueerAf) A landmark case at the Court of Justice of the European Union (CJEU) on Thursday significantly advanced Trans+ rights rights across Europe.
The case was about a trans man who had been granted asylum in Hungary based on coming from Iran, a country where Trans+ communities faced violence and persecution.
He was left in a legal paradox: be granted citizenship in the wrong gender, or not at all. On top of this, because Hungary banned legal gender recognition for citizens in 2020, accepting citizenship would lock him out of changing his legal gender in future. But he found a way to challenge this - using data protection legislation.
This week, the Court of Justice of the European Union ruled that under Articles 16 and 5(1)(d) of the General Data Protection Regulation (GDPR), Hungarian authorities must correct “inaccurate” personal data concerning gender identity held in public registers "without undue delay". It also ruled that the accuracy of that data couldn't be based on whether people have had medical or surgical gender-affirming care.