This joint ILGA-Europe and Transgender Europe contribution is being submitted to the European Commission in view of the review of the implementation of Dir 2004/113/EC “in line with the jurisprudence of the European Court of Justice on gender identity and gender discrimination” during 2011; and the review of Dir 2006/54/EC during 2012 as indicated in the Actions to implement the Strategy for Equality between Women and Men 2010-2015.
ILGA-Europe and TGEU recommend to the European Commission to…
- proceed to the review of the implementation of both directives with a particular focus on discrimination based on gender identity and gender expression
- call on Bulgaria, Italy, Liechtenstein, Malta, Poland, Portugal and Romania to amend the restrictive understanding of their national law implementing both directives so as to ensure a minimal protection against discrimination on the ground of gender identity and gender expression
- ask for clarifications to Cyprus, Iceland, Latvia and Luxembourg where the coverage of gender identity and gender expression by national legislation remains unclear
- launch an infringement procedure against those Member States that do not undertake the necessary changes
- undertake a legal analysis of requirements for gender recognition legislation (i.e. change of name and legal gender) and their requirements in Member States towards their compatibility with both directives
- liaise with the Member States to ensure that national equality bodies investigate cases of discrimination on the ground of gender identity and gender expression
- ensure that national authorities and equality bodies give publicity to the coverage of gender identity and gender expression in their anti-discrimination policy
- promote good practices put in place in some of the Member States in the field of gender-based discrimination
- organise „train the trainers? programmes on legal issues designed for Member States
- encourage Member States to organize trainings on discrimination issues for the judges and all the legal officers and national equality bodies? officers (with a particular focus on the situation of transgender and intersex people)
- liaise with DG SANCO to develop measures targeted at improving the access of trans-people towards general health-care provision such as educational programs combating prejudice among medical practitioners and offering guidance on development and implementation of trans-friendly treatment guidelines to all Member States
- commission research on discrimination against intersex people and how to best cover them under the existing EU legal framework.