EU Member States, Including Bulgaria, Must Issue Identity Documents Reflecting Citizens’ Gender Identity, Court Rules

Member states of the European Union are required to issue identity documents that reflect their citizens’ lived gender identity in order to guarantee their freedom of movement, the Court of Justice of the European Union has ruled in a case concerning Bulgaria.

The case arose after the Bulgarian authorities refused to issue identity documents recognising the female status of a transgender woman. A Bulgarian court subsequently referred the matter to the European court for an interpretation of EU law.

The case was filed in 2017 on the grounds that the refusal prevented the person from travelling freely within the Union. At the time the action was brought, the person was living in Italy.

In its ruling, the EU court held that EU law “precludes legislation of a member state that does not allow the amendment of the sex recorded in the civil status registers of one of its nationals who has exercised the right to move and reside freely in another member state”.

The court stressed that a discrepancy between a person's lived gender identity and the gender details on their identity card could hinder their right to free movement, AFP reported.

The claimant’s lawyer, Alexander Schuster, described the ruling as “very positive”, saying in a statement:

"It confirms the European Union's commitment to protecting fundamental rights and minorities."

“Hungary, Slovakia and Bulgaria currently deny transgender people the right to hold documents that reflect their identity. With today’s ruling by the Court of Justice of the European Union, citizens of these countries will also be able to move freely within the Union with full recognition of who they are,” Mr Schuster added.

The woman who brought the case also commented on the ruling.

“This ruling will finally allow me to obtain a Bulgarian passport that corresponds to my identity. This step will also help me find employment without being discriminated against.”

The European court’s ruling is expected to trigger dozens of similar proceedings in Bulgaria that have so far been frozen pending the court’s interpretation.