Romania Violated Transgender Man’s Rights, EU’s Top Court Declares

Romanian authorities’ refusal to recognize the gender identity of a British-Romanian transgender man was a violation of his rights, the European Union’s top court ruled on Friday. The decision highlighted a breach of European law, as the case, originally raised in 2021.

The case involved Arian Mirzarafie-Ahi, who moved to the UK in 2008 and obtained British citizenship in 2016, the same year he began his gender transition. After receiving a gender recognition certificate from UK authorities while the country was still a part of the European Union, Mirzarafie-Ahi sought to have his gender identity and name changed in Romania. However, Romanian authorities rejected the request in 2021, citing the UK’s departure from the EU as a reason and insisting that Mirzarafie-Ahi follow Romania’s lengthy national procedure.

Court’s Ruling Upholds Transgender Rights Across EU

In a landmark ruling, the European Court of Justice determined that EU member states must acknowledge and update official documents for individuals who have legally changed their gender identity in another EU country, without requiring further procedures. This ruling applies regardless of whether the country where the legal change occurred has since left the EU. The court clarified that the timing of the UK’s departure from the bloc was irrelevant in this case, as Mirzarafie-Ahi had transitioned while the UK was still part of the EU.

The decision sets a significant precedent for transgender people whose gender recognition is not acknowledged across various EU nations, impeding their ability to move, work, study, or vote freely within the bloc. Romania’s LGBTQ rights organization, ACCEPT, hailed the ruling as a major victory for the transgender community, calling it a step forward for civil rights.

While Romania decriminalized homosexuality in 2001, it still lags behind many other EU countries in recognizing LGBTQ rights, with same-sex marriage and civil partnerships remaining illegal. Moreover, a nationwide ban on gender identity studies was only overturned in 2020 by Romania’s Constitutional Court. This ruling is seen as a crucial push for greater equality for the transgender community across the EU.

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