TL;DR: A trans refugee's challenge of Hungary's refusal to recognise his gender identity on legal documents has set a precedent for the whole European Union that could lead to changes all over the continent.
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 - TGEU
Speaking to QueerAF, Transgender Europe legal expert Richard Köhler said it was a significant ruling that sets a European-wide precedent:
"By establishing that data protection extends to gender identity and explicitly forbidding surgical requirements, the Court has created a powerful legal framework that transcends national barriers. This ruling provides both protection and recognition. It tells every trans person in the EU: your lived identity matters, and no government can erase it through bureaucratic obstacles."
Kohler added this is far from just a victory for refugees in Hungary - "it's a declaration that across Europe, your gender is yours to define, not the state's to dictate."
Analysis: Is Europe bucking the trend and advancing transgender rights?
As Trumpism dominates global politics, it can be overwhelming to see many world leaders lining up to praise him and mimic his rhetoric. But look behind the headlines and there is a more nuanced story.
This is particularly true when you look to Europe, and specifically within the European Union. The grouping has long prided itself on having some of the most progressive human rights laws in the world. That hasn't changed, despite the rise of the far right in many parts of Europe.
Hungary isn't the only place where we’re hearing stories of an EU still being driven by facts and legal structures designed to protect marginalised communities. This week, a collection of health organisations spanning Germany, Austria and Switzerland set out new medical guidelines for trans youth, while adding to the ever-growing international condemnation of the UK's discredited Cass Review. The guidelines directly recommend puberty blockers and individualised, prioritised care for transgender youth undergoing physical changes - Erin In The Morning
Meanwhile, in conversations I continue to have week on week with DEI experts, it's clear to me that while many are worried, they're determined to ensure their work continues. They know that whatever these departments are called, ensuring people turn up to work and deliver is always going to be a company priority. And that even if Trump's US moves away from this, Europe is set to double down in this space.
But it's fair to say many of these folks are at least somewhat waiting in the wings to see where things land. CEO of transgender charity Not A Phase and founder of Zoah Dani St James tells QueerAF this silence is a missed opportunity to score trust and credibility with socially aware consumers:
"Instead of standing by and waiting to see how things pan out while the community is piled on, scapegoated and further ostracised, we need the grown-ups in the room to step in and show their true allyship through visible actions.
"We need those who weren’t just paying lip service to DEI to double down on their inclusivity practices to proactively and forcefully demonstrate their direct opposition to the far right behaviours being exhibited."
I'm far from the first pundit to point out that by pandering to the far-right, they only get bigger and louder. Now is the moment to show up and show a different way forward than the hate they are spouting.
How MPs are responding to QueerAF's reporting
A few weeks ago, we published the scoop by queer journos Sasha Baker and Valeria Rocca that Health Secretary Wes Streeting not only met with a group of parents that, in their own words, "abuse" their trans children - he also said he sympathised with them.
It led to an outpouring of anger, disgust and calls for his resignation from our community and from a cross-bench group of LGBTQIA+ political party groups. This journalism has now made its way even further into the halls of power.
QueerAF readers have been emailing their MPs about our reporting. One reader told us about the response to our article they received from Clive Betts, Labour MP for Sheffield South East. He said what the Bayswater parents did to their children "was disgusting to me and unacceptable."
However, in the same breath, the MP defended the Cass Review and said, "It is not always the case that children know what is best for them because they lack the emotional maturity and can be easily influenced," repeating a dangerous and widely discredited 'social contagion' rhetoric.
The constituent, who has asked not to be named, told QueerAF they were left feeling angry, frustrated, dismissed and ignored, saying that it was contradictory given that reporting about the Bayswater group "show evidence of parents who do not know best", and were actively harming their children. But it's clear that this reader is not deterred and will be keeping up the fight.
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