EUROPEAN EXPERIENCE IN ENSURING THE RIGHTS OF TRANSGENDER PEOPLE IN THE DECISIONS OF THE COURT OF JUSTICE OF THE EUROPEAN UNION

Abstract

The purpose of this article is to examine the legal positions of the Court of Justice of the European Unionregarding the protection of the rights of transgender persons. It is important to consider issues related tothe personal data of transgender persons, as well as issues related to pension provision for persons whohave changed their gender. It is necessary to analyse the conclusions of the Advocates General duringthe consideration of cases in the Court of Justice of the European Union, which are an important elementof a fair and lawful decision.The article uses the method of analysis, as well as the comparative legal method, which were applied duringthe disclosure of the circumstances of the case, legal norms and conclusions of the courts.The results of the study consist of a comprehensive analysis of European experience in ensuringthe rights of transgender persons in the practice of the Court of Justice of the European Union. The evolutionof the Court’s approaches to interpreting the principle of non-discrimination on grounds of sex, gender identityand sexual orientation, initiated in the cases of VP v. the National Directorate General of Immigration Policeof Hungary and Mirin v. the Cluj Civil Registry Office, Civil Status Service of the Department of Registrationand Database Administration of the Ministry of Internal Affairs, Municipality of Cluj-Napoca, in the presence of the Association ’Accept’, National Council for Combating Discrimination, in which discrimination inconnection with gender reassignment was recognised as a form of discrimination on the basis of sex. The legalaspects of protecting the personal data of transgender persons were examined through the prism of EU lawstandards on respect for privacy and restrictions on the processing of sensitive data in accordance withthe requirements of the General Data Protection Regulation (GDPR) and the general practice of the Courtregarding special categories of personal data. The issue of pension provision for persons who have undergonelegal gender reassignment is analysed, in particular taking into account the position of the Court in the caseof MB v Secretary of State for Work and Pensions, which established that it is inadmissible to restrict access topension rights through non-compliance with requirements that violate the dignity and privacy of transgenderpersons.The conclusion is justified that a system of enhanced human rights guarantees for transgender personsis being developed within EU law, which contributes to the unification of national standards of protectionand the establishment of the principles of equality, dignity and non-discrimination.