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European Justice Makes Historic Decision for Transgender People

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The European Union’s judicial body (CJEU) ruled today, Friday, that EU member states must recognize gender reassignment and new identities achieved in another EU country. CJEU ruled in favor of a Romanian citizen’s lawsuit, and the historic decision was immediately praised by LGBT+ rights activists.

According to the latest report of AFP today, the European judiciary has made a “historic” decision in favor of transgender people. In a judgment today, the Court of Justice of the European Union (CJEU) declared that the refusal “to register on the birth certificate of a national of a country a change of name and gender identity legally acquired in another Member State is contrary to EU law.”

CJEU ruling: a historic victory for transgender rights

Arian Mirzarafie-Ahi, a transgender man who was rejected by the authorities in Romania, filed a judicial complaint, which was accepted by a court in Bucharest.

The man, who was registered as a woman in Romania, moved to the UK in 2008 and obtained recognition of his male gender identity in 2020.

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The UK’s departure from the European Union had no impact on this dispute, and this gender modification took place prior to the effective exit from the EU.

According to the British documents, he then requested a new birth certificate from his country of origin. But he was not allowed to do so.

The 32-year-old biology professor from the U.K. said at a video news conference held in his honor by his supporters in Bucharest, “I cried when I heard the news of this verdict, a victory I have been waiting for years.”

He said, “I now hope to live a more fulfilling life.” He appeared very moved.

The Association for Acceptance, which accompanied and supported him throughout the legal proceedings, welcomed the “historic decision for transgender people” and emphasized that it was the “first judgment of its kind” by the CJEU. It emphasized that this was the “first judgment of its kind” by the CJEU.

According to the Court, the rejection of the Romanian “impeded the exercise of the right to freedom of movement and residence” and the difference in status caused “difficulties” in daily life “as well as serious professional, administrative and private inconveniences”. Inconvenience”.

The Court, which has its seat in Luxembourg, said that in Romania “it would be ‘unjustified’ to force the parties to initiate new proceedings to obtain an identity” because in that Eastern European country “this would lead to the risk of a different outcome”. risk of a different outcome”. Romania is not very concerned about the rights of sexual minorities.

The rights group said such a step as reopening the confirmation process would be cumbersome and could be “humiliating”.

Romania, a very conservative country where homosexuality was only legalized in the early 2000s, still bans marriage or civil cohabitation between people of the same sex, AFP said.

Last year, Romania was condemned by the European Court of Human Rights (ECHR) following a lawsuit over its refusal to recognize the romantic relationships of 21 gay couples.

Challenges for LGBT and rights in Romania

The influential Orthodox Church has subsequently denounced “civil partnership” as a source of toxicity that leads to the breakdown of the moral authority of the family.

In recent years, Romania has also introduced measures to restrict the rights of LGBT+ people, with Romanian parliamentarians even attempting to ban gender studies, a move that was rejected by the Constitutional Court.

Romania had also enshrined a ban on same-sex marriage in its Constitution.

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