In a joint statement published on Thursday 12 September, the European branch of the International Lesbian and Gay Association (ILGA-Europe), TGEU (Transgender Europe), which campaigns for the rights of transgender people, and Háttér Society, an organisation that defends LGBTQ+ rights in Hungary, welcomed an opinion issued on the same day by the Advocate General of the Court of Justice of the European Union (CJEU).
The opinion states that the Hungarian authorities must, upon request, correct the gender marker of trans people in immigration registers.
This case concerns a trans refugee who was recognised in 2014, but has been denied legal gender recognition in the asylum register since 2021.
Represented by Háttér Society and the Hungarian Helsinki Committee, a human rights NGO, he applied to have his gender marker and name corrected in the national register, under Article 16 of the EU’s General Data Protection Regulation (GDPR).
Advocate General Anthony M. Collins pointed out that the Hungarian authorities must correct this inaccurate data, without requiring proof of surgery. The final decision of the CJEU is expected in early 2025.
Read the opinion of the CJEU: https://aeur.eu/f/dfk
Read the statement: https://aeur.eu/f/dfl (Original version in French by Nithya Paquiry)