EU: Court of Justice confirms “no need of gender reassignment surgery for rectification of personal data”

“43 In the present case, it is apparent from the request for a preliminary ruling that the Member State concerned has adopted an administrative practice whereby the exercise, by a transgender person, of their right to rectification of data relating to their gender identity, contained in a public register, is conditional upon the production of evidence of gender reassignment surgery. Such an administrative practice gives rise to a restriction of the right to rectification, which must comply with the conditions referred to in Article 23 of the GDPR, as stated in the preceding two paragraphs of the present judgment.

44      First, it must be noted that that administrative practice does not satisfy the requirement that a Member State’s law may restrict the scope of the right provided for in Article 16 of the GDPR only by means of legislative measures. Subject to verification by the referring court, Hungarian law does not appear to contain any legislative measure relating to the evidential requirements applicable to the rectification of data relating to the gender identity of persons who are listed in the asylum register.

45      Second, such an administrative practice undermines the essence of the fundamental rights guaranteed by the Charter and, in particular, the essence of the right to the integrity of the person and the right to respect for private life, referred to in Articles 3 and 7 of the Charter respectively.

46      In that regard, it should be noted that, in accordance with Article 52(3) of the Charter, the rights guaranteed by the Charter have the same meaning and the same scope as the corresponding rights guaranteed by the ECHR, the latter constituting a minimum threshold of protection (see, to that effect, judgment of 4 October 2024, Mirin, C‑4/23, EU:C:2024:845, paragraph 63 and the case-law cited).

47      It is apparent from the settled case-law of the European Court of Human Rights that Article 8 ECHR, which corresponds to Article 7 of the Charter, protects a person’s gender identity, which is a constituent element and one of the most intimate aspects of their private life. Thus, that provision encompasses the right to establish details of their identity as individual human beings, which includes the right of transgender people to personal development and physical and moral integrity and to respect for and recognition of their gender identity. To that end, Article 8 imposes positive obligations on States, in addition to negative obligations to protect transgender persons against arbitrary interference by public authorities, which also entails the establishment of effective and accessible procedures guaranteeing effective respect for their right to gender identity. Furthermore, in view of the particular importance of that right, States have only limited discretion in this area (see, to that effect, judgment of 4 October 2024, Mirin, C‑4/23, EU:C:2024:845, paragraphs 64 and 65 and the case-law cited).

48      In that context, the European Court of Human Rights has held, inter alia, that the recognition of the gender identity of a transgender person cannot be made conditional on the completion of surgical treatment not desired by that person (see, to that effect, ECtHR, 19 January 2021, X and Y v. Romania, CE:ECHR:2021:0119JUD000214516, §§ 165 and 167 and the case-law cited).

49      Third and lastly, an administrative practice such as that at issue in the main proceedings is not, in any event, either necessary or proportionate in order to ensure the reliability and consistency of a public register, such as the asylum register, since a medical certificate, including a psychiatric diagnosis, may constitute relevant and sufficient evidence in that regard (see, to that effect, ECtHR, 6 April 2017, A.P., Garçon and Nicot v. France, CE:ECHR:2017:0406JUD007988512, §§ 139 and 142).

50      In the light of the foregoing considerations, the answer to the second and third questions is that Article 16 of the GDPR must be interpreted as meaning that, for the purposes of exercising the right to rectification of the personal data relating to the gender identity of a natural person that are contained in a public register, that person may be required to provide relevant and sufficient evidence that may reasonably be required of that person in order to establish that those data are inaccurate. However, a Member State may not, under any circumstances, by way of an administrative practice, make the exercise of that right conditional upon the production of evidence of gender reassignment surgery.”

Source: JUDGMENT OF THE COURT (First Chamber) – 13 March 2025 – (Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 5(1)(d) – Principle of accuracy – Article 16 – Right to rectification – Article 23 – Restrictions – Data relating to gender identity – Data incorrect from the time of inclusion in a public register – Means of proof – Administrative practice of requesting proof of gender reassignment surgery )

In Case C‑247/23 [Deldits], (1)

REQUEST for a preliminary ruling under Article 267 TFEU from the Fővárosi Törvényszék (Budapest High Court, Hungary), made by decision of 29 March 2023, received at the Court on 18 April 2023, in the proceedings

VP v Országos Idegenrendészeti Főigazgatóság

USA: Trump restricts access to gender-affirming treatment for transgender youth

US President Donald Trump issued an executive order on Tuesday directing federal agencies to restrict access to gender-affirming medical care for transgender youth under age 19 and block federal funding for such treatments.

The order requires federal health programs to exclude coverage for gender-affirming surgeries and hormone treatments for minors beginning in 2026. Key provisions include directing the Department of Health and Human Services to review and rescind its 2022 guidance on gender-affirming care; requiring medical institutions receiving federal research grants to halt providing these treatments to minors; instructing the Justice Department to prioritize investigations into potential consumer fraud related to long-term effects of these treatments; and calling for new protections for employees wishing to report on noncompliance by their colleagues.

The order also directs HHS to conduct a literature review on treatment options for transgender minors — which it refers to as “children who assert gender dysphoria, rapid-onset gender dysphoria, or other identity-based confusion” — within 90 days and tasks the Justice Department with working with Congress on legislation to create a private right of action for affected individuals.

Implementation timelines vary by agency, with initial progress reports due within 60 days.

The executive order comes amid an ongoing national debate over transgender rights and healthcare access. According to the Human Rights Campaign, transgender Americans face significant barriers to healthcare, with 22% lacking health insurance coverage and 29% reporting being denied care by medical providers due to their gender identity. Transgender youth in particular face heightened challenges – research indicates that many identify across a broad spectrum of gender identities, and have historically struggled to access appropriate medical care and support services. While public support for transgender rights grew from 25% to 62% between 2014 and 2019, transgender Americans continue to face disproportionate rates of poverty, discrimination in housing and employment, and difficulty obtaining accurate identity documents that match their gender identity.

The issues of gender-affirming care and treatment options for transgender youth featured prominently in the 2024 election season, with Trump-aligned Republicans largely disavowing the necessity of such care.

The post Trump restricts access to gender-affirming treatment for transgender youth appeared first on JURIST – News.

USA: Trump announces intent to restrict transgender rights

In his first major rally since his win at the 2024 election, Donald Trump declared his intention to restrict transgender rights when he returns to office, proclaiming that he would “stop men from participating in women’s sports”.

Trump launched numerous attacks on trans rights throughout his first term, including banning transgender individuals from serving in the military and eliminating Department of Education provisions that maintained teachers should treat students in accordance with their gender identity, among others. Trump’s staunch denial of trans rights signifies a deepening conservative backlash against trans rights prevalent in the United States.

An example of this growing backlash is the Ohio Senate’s recent approval of a bill restricting trans students access to bathrooms. There has been additional litigation in the US regarding trans participation in sports, with two transgender girls obtaining permission from US Ninth District Court of Appeals to participate in sports following the state of Arizona passing legislation that prohibits them from doing so.

With the US Supreme Court to rule on the legality of providing transgender youth with gender affirming care this upcoming year, trans rights in America, especially for youth, are particularly unstable. Many trans people have reported preparing for Trump’s second term in office under the expectation of sweeping and pointed attacks on their rights. According to a report published in 2022, only 1.6 million people in the US over the age of 13 identify as trans, which is well under 1% of the population.

This did not stop Donald Trump from spending millions on advertisements focusing on anti-trans propaganda throughout the US election. Trans rights appear to be in urgent danger of being restricted as Trump prepares to take office.

The post Trump announces intent to restrict transgender rights appeared first on JURIST – News.

Ohio governor signs bill restricting transgender students’ access to school restrooms

Ohio Governor Mike DeWine on Wednesday signed a bill into law that restricts transgender students from using bathrooms that correspond with their gender identity.

Senate Bill (SB) 104 requires public school buildings and facilities to “designate each [communal] student restroom, locker room, changing room, or shower room” to be for “the exclusive use by students of the male biological sex only or by students of the female biological sex only.” Biological sex is defined in the bill to exclude an individual’s expression of gender identity other than what is on their official birth record. The bill also prevents schools from establishing gender-neutral restrooms.

The bathroom policy, known as the Protect All Students Act, was originally introduced as House Bill (HB) 183 before it was added to SB 104. HB 183 was sponsored by State Representatives Adam Bird and Beth Lear. Representative Bird explained that the “bottom line of this legislation is to protect students” and that he doesn’t “see that as a controversial issue.”

The ACLU of Ohio, however, “strongly urge[d] Governor DeWine to veto this bill and protect the rights of privacy of LGTBQ+ Ohioans statewide.” ACLU of Ohio Policy Director Jocelyn Rosnick commented that “SB 104 will create unsafe environments for trans and gender non-conforming individuals of all ages.”

Other states have moved to pass similar legislation. In October, for instance, the Odessa City Council in Texas approved a restriction for restroom use to biological sex. On Thursday, Speaker of the US House of Representatives Mike Johnson also restricted the use of gendered restrooms in the House to biological sex. The decision was based on HB Resolution 1579, which prohibits members and other employees of the House from “using single-sex facilities other than those corresponding to their biological sex.”

In January 2023, the ACLU filed a motion as an intervener in a federal lawsuit concerning an Ohio school district’s allowance of transgender students to use bathrooms that align with their gender identity. The US Court of Appeals for the Sixth Circuit heard oral arguments in late October, and the lawsuit is still ongoing.

The Senate passed SB 104 in mid-November by a 24-7 vote, sending the bill to the governor for approval. With his signature, the bill will now become law in 90 days.

The post Ohio governor signs bill restricting transgender students’ access to school restrooms appeared first on JURIST – News.

US House of Speaker restricts use of bathrooms to biological sex

The Speaker of the US House of Representatives, Mike Johnson, restricted the use of gendered bathrooms in the House to biological members of each sex on Wednesday. The measure has triggered anger among legislators and advocates and has once again brought the issues of transgender rights and their inclusion in society to the agenda of national discussion.

This decision is based on House Resolution 1579, which states that single-sex facilities such as toilets, cubicles, and changing rooms can be used only by people of the biological sex they were assigned at birth. The bill was sponsored by Nancy Mace and was endorsed by the House Rules Committee. Supporters have framed the speaker’s policy as a necessary measure to protect the safety and dignity of individuals in single-sex spaces, particularly women. House Resolution 1579 explicitly cites concerns that allowing individuals who are biologically male to use facilities designated for women could compromise the privacy and security of female House members, officers, and employees. Proponents argue that this policy provides clarity and consistency, ensuring facility use within the Capitol aligns with traditional norms and expectations.

The enforcement mechanism outlined in the resolution places the Sergeant-at-Arms in charge of implementing the policy, reflecting an effort to ensure accountability and uniform application. Supporters, including the resolution’s sponsor, Representative Nancy Mace, contend that the measure is a workplace consideration to foster a respectful environment within the Capitol. By addressing these concerns, policy advocates assert that it represents a practical response to broader societal debates over privacy and safety in public spaces.

This policy stands in stark contrast to the ongoing efforts to address the epidemic of violence against transgender individuals. It was announced on the same day as Transgender Day of Remembrance, a solemn occasion created to honour the lives of transgender individuals lost to violence, as highlighted in a resolution introduced by Representative Pramila Jayapal. The resolution emphasizes the alarming rates of violence and discrimination faced by transgender individuals, particularly transgender women of colour. It underscores the need for inclusive policies that protect their safety and dignity. By implementing restrictive measures on such a significant day, the policy appears to disregard the critical struggles and vulnerabilities of the transgender community, further marginalizing an already targeted population.

The policy will likely face public and potentially public scrutiny in court as lawmakers and advocacy groups weigh its implications. For now, the decision places the Capitol building at the center of a national conversation about civil rights, equity, and the balance between privacy and inclusion.

The contrast between this policy and Transgender Day of Remembrance highlights the ongoing challenges in the fight for transgender rights. It shows that achieving true inclusion in government spaces and beyond is still a work in progress, and there’s to go before we can say the struggle is over.

The post US House of Speaker restricts use of bathrooms to biological sex appeared first on JURIST – News.

Texas city approves transgender bathroom ban

The city council of Odessa, Texas voted this week to approve a ban on transgender individuals’ use of bathrooms on city property that do not correspond with their sex assigned at birth.

Tuesday’s 5-2 vote amends a 1989 ordinance that made it “unlawful for any person to knowingly and intentionally enter any public restroom designated for the exclusive use of the sex opposite to his or her own…” The new amendments will expand the language to allow prosecution of transgender people for using bathrooms that align with their personal gender identification. Penalties include trespassing charges, fines, and liability for damages, including court costs and legal fees.

Restrooms in city libraries, parks, airports, and other government facilities are subject to the ban under the new language which includes, urinals, toilets, showers, and changing areas in the definition of restroom.

The Texas chapter of the American Civil Liberties Union condemned the new ordinance, calling it “shameful” while a spokesperson from PFLAG, an LGBTQ+ advocacy group, called the legislation “unnecessary” and “a complete waste of the city’s time, money, and resources.”

Texas Values president Jonathan Saenz who advocated for the bill insisted that the ordinance was needed align the language of the ordinance with “our current culture” while denouncing changes toward “long held beliefs” on gender and sex.

The bill includes exceptions for minors under the age of 12 accompanying an adult into a restroom for normal use, law enforcement, emergency medical aid, and custodial maintenance or repair.

Transgender rights have faced increasing restrictions in the Lone Star state with the Texas Supreme Court recently upholding a ban on gender affirming care for transgender youth. There are now fears that the Odessa bill could presage a statewide ban on the transgender people’s use of restrooms that align with their gender identity.

The post Texas city approves transgender bathroom ban appeared first on JURIST – News.