EU nations have to accept changes of first name and gender obtained in other countries in the bloc, the European Union’s top court ruled on Friday, in a decision hailed by activists.
The case was sparked when a Romanian transgender man challenged Romanian authorities refusal to issue him a new birth certificate reflecting the UK’s recognition of his male gender.
“I actually cried. It was really a victory I have waited for many years,” plaintiff Arian Mirzarafie-Ahi said via video call from the UK, while his supporters organised a press conference in Bucharest.
Mirzarafie-Ahi, who was registered at birth in Romania as female, obtained recognition of male gender in 2020 in the United Kingdom after moving there.
The refusal of an EU state “to recognise and enter in the birth certificate of a national a change of first name and identity lawfully acquired in another Member State… is contrary to EU law”, the European Court of Justice (ECJ) said.
“In the future I can hope to have a fuller life,” said Mirzarafie-Ahi, a 32-year-old biology teacher who moved to the UK in 2008.
The Accept association, which defends LGBTQ rights in Romania, hailed the decision as “a great victory for trans people” in the country, stressing that it was the “first time” the top court had ruled in such a case.
‘Humiliating’ procedures
According to the court, denying recognition “hinders the exercise of the right to free movement and residence”, as “a divergence between identities resulting from such a refusal… creates difficulties for a person” in everyday life, including “serious professional, administrative and private inconvenience”.
It also said that Brexit has no bearing on the dispute, as the amendment was obtained before the UK’s actual exit from the EU.
The Luxembourg-based court also said it was “unjustified” to “oblige the party concerned to initiate new proceedings for a change of gender identity” in Romania, with the risk of such proceedings leading to a “different” outcome.
Such proceedings before Romanian courts would likely be lengthy and potentially “humiliating”, said Accept.
While homosexuality was decriminalised in Romania in 2001, the country still bars marriage and civil partnerships for same-sex couples.
In May 2023, the European Court of Human Rights ruled that Romania is violating the rights of same-sex couples by refusing to legally recognise their unions. The case was brought up by 21 same-sex couples who demanded “equality in front of the law”.
Romania has made several attempts to restrict LGBTQ rights in recent years, including trying to axe gender identity studies at universities and schools.
Published – October 04, 2024 11:11 pm IST
