A Success Story!
12 March will go down in history for trans rights. IGLYO - The International LGBTQI Youth and Student Organisation, welcomes the landmark judgement by the Court of Justice of the European Union in case C-43/24 Shipova, which demands that all EU member states ensure legal gender recognition of its nationals, to guarantee freedom of movement.
Background to the Case
The case was brought by a Bulgarian trans woman currently living in Italy who was denied legal recognition of her gender and name on Bulgarian documents for nearly ten years. Because her official documents did not match her gender identity, she faced barriers in everyday life and in exercising her right to live and move freely within the EU.
Although the European Court of Human Rights had already ruled in previous cases that Bulgaria must provide accessible legal gender recognition procedures, the Supreme Court of Bulgaria adopted a binding interpretation in 2023 effectively banning such recognition. As a result, Bulgarian courts could no longer approve changes to gender markers in official records.
Faced with this, the Bulgarian Supreme Court asked the Court of Justice of the European Union (CJEU) to determine whether this ban on legal gender recognition is compatible with EU law.
CJEU Ruling
In its ruling, the Court of Justice of the European Union confirmed that under EU law on freedom of movement and the right to private and family life, member states must legally recognise, in their civil registers, the lived gender of the nationals who have exercised their right to move and reside in another member state.
The Court found that, because gender is a core part of a person’s identity, identity documents must reflect a person’s lived gender to avoid difficulties in everyday situations such as travelling, proving identity, crossing borders, or accessing work or services. Member states must therefore ensure that official documents reflect a person’s lived gender. In practice, this means that countries must have a functioning process for legal gender recognition.
The Court therefore found that national laws that do not allow legal gender recognition for citizens living in another EU country are incompatible with EU law and violate the right to private life under the EU Charter of Fundamental Rights.
The Court also emphasised that allowing discrimination against trans people violates their dignity and freedom. It further clarified that national courts must follow EU law and this judgement, even if their national supreme courts have ruled differently.
Our Member Deystvie, and our partners Bilitis, ILGA-Europe and TGEU – Trans Europe and Central Asia provided support to the applicant and her lawyers in this CJEU case. The applicant was represented by Natasha Dobreva in the domestic procedure and by Alexander Schuster and Denitsa Lyubenova in the CJEU case.
Implications of Shipova for Trans Young People in the EU
For LGBTQI and in particular trans young people across Europe, identity documents that reflect their lived gender are not a bureaucratic detail, they are essential to accessing education, employment, healthcare, and participation in public life without discrimination. When official documents do not match a young person’s gender identity, everyday activities such as enrolling in school or university, applying for a job, travelling across borders, or accessing housing can become sources of outing, discrimination, and exclusion.
This judgement is therefore particularly significant for young trans people and students who move across borders to study, work, or build their lives elsewhere in the EU. By confirming that member states must provide procedures enabling their nationals to obtain identity documents that reflect their lived gender, the Court reinforces that freedom of movement under EU law must be accessible to everyone, including trans people.
The ruling also comes at a critical time, as several EU member states have introduced laws or interpretations that effectively prevent legal gender recognition for trans young people. The Court’s decision sends a clear message that denying trans people the possibility to obtain documents that reflect who they are undermines their dignity, their right to private life, and their ability to fully participate in European society.
For young trans people, the consequences of lacking legal recognition often begin early. From school records and exam certificates to student exchanges, to accessing healthcare and first employment opportunities, mismatched identity documents can create barriers at key moments in a young person’s life. Ensuring accessible, transparent and self-determined legal gender recognition procedures is therefore crucial to protecting the rights, safety and wellbeing of LGBTQI youth.
Moving Forwards
IGLYO calls on all EU Member States to review their laws and ensure that legal gender recognition procedures are accessible, quick, transparent, and based on self-determination. Governments must also ensure that young people, including minors, are not excluded from these processes.
We further call on the European Commission to closely monitor the implementation of this ruling and take decisive action where Member States fail to comply with EU law.
Today’s judgement is an important step toward ensuring that young trans people across Europe can live, learn, and move freely as themselves.
About IGLYO
IGLYO - The International Lesbian, Gay, Bisexual, Transgender, Queer and Intersex (LGBTQI) Youth & Student Organisation is the world’s largest network of LGBTQI youth and student-led organisations, representing over 135 Members across 40 countries in the Council of Europe region. IGLYO works to ensure that the voices and lived experiences of LGBTQI young people are meaningfully represented in European and international policy spaces, including with institutions such as the European Union and the Council of Europe. iglyo.org
Contact
Amélie Waters (they/them), Policy & Research Officer, amelie@iglyo.org.