Progress is Slow in Guaranteeing Full Legal Gender Recognition in Europe says Council of Europe Report

08-07-2022

Manon Picard

International Justice and Human Rights Researcher, 

Global Human Rights Defence.

The Steering Committee on Anti-Discrimination, Diversity and Inclusion (CDADI), who is part of the Council of Europe, has published a “Thematic Report on Legal Gender Recognition in Europe”. This is the first thematic report following the implementation of Recommendation CM/Rec(2010)5 of the Committee of Ministers to member states on measures to combat discrimination on grounds of sexual orientation or gender identity. Overall, the report outlines that European States have made progress in regards to the advancement of legislation, practices and public attitudes; however, “progress is slow and additional steps are needed”. 

The Report outlines that legal gender recognition and LGBTQI+ rights have substantial support throughout Europe but this support varies between countries. The Report shows what the current situation looks like in Europe: 

“Thirty-eight member states of the Council of Europe have a legal or administrative procedure to ensure legal gender recognition, and nine out of them have a self-determination system. However, in some countries there is no clear procedure in place and others have rolled back existing protection by making LGR impossible. For some transgender, intersex and gender- diverse people this means having official documents that do not match their gender identity”. 

Although progress has been made, the Report also outlines some areas that need to be improved and where national authorities are required to take further action. For example, there is a need to move away from the ‘pathologisation’ of Legal Gender Recognition (LGR) and a need to discuss how the ‘depathologisation’ of LGR may be effectively undertaken. Moreover, the ‘divorce requirement’ which obliges a person to divorce in order to gain access to LGR should be removed, according to the Report. Instead, the Report recommends that any requirements imposed by a State should not affect the rights of the spouses and children. The Report also recommends that LGR be accessible to teenagers and children, so long as this is based on the best interest of the child principle, and that LGR be accessible to non-nationals living in the State. The Report also makes the following general recommendations: 

“Equal treatment legislation should be accompanied by appropriate policy measures for its implementation and regular reviews. Member states which currently have no anti-discrimination legislation in place specifically protecting gender identity, should move towards introducing it. Motives linked to the victim’s gender identity or sex characteristics should be considered as “aggravating circumstances””.  

Sources and further reading:

Council of Europe. (2022, July 7). Progress in legal gender recognition in Europe is slow, further steps needed on civil and human rights aspects. Newsroom – Council of Europe. Retrieved on July 8, 2022, from https://www.coe.int/en/web/portal/-/progress-in-legal-gender-recognition-in-europe-is-slow-further-steps-needed-on-civil-and-human-rights-aspects

Directorate of Communications. (2022, July 7). Progress in legal gender recognition in Europe is slow, further steps needed on civil and human rights aspects. Newsroom – Council of Europe. Retrieved on July 8, 2022, from https://search.coe.int/directorate_of_communications/Pages/result_details.aspx?ObjectId=0900001680a72bed

Steering Committee on Anti-Discrimination, Diversity and Inclusion. (2022, June). Thematic Report on Legal Gender Recognition in Europe – First Thematic Implementation Review Report on Recommendation CM/Rec(2010)5. https://rm.coe.int/thematic-report-on-legal-gender-recognition-in-europe-2022/1680a729b3