Christa Tobler speaks about ‘CJEU case law on gender diversity and discrimination’
On 16 April 2024, ERA (Europäische Rechtsakademie / European Law Academy) organised an online conference on the subject of 'Legal Aspects of Gender Identity in Europe', including information on the experiences of gender diverse people, case law by the European Court of Human Rights and by the Court of Justice of the European Union (CJEU), national rules of a number of jurisdictions and, specifically, children’s gender identity.
Christa Tobler explained how the CJEU has broadened the category of 'sex' in EU secondary non-discrimination legislation by including certain cases concerning transgender people (case law as of Case C-13/94 P v S) and also discussed two pending cases, one on the civil status of a transgender person in Romania under a number of EU primary law provisions including, among others, Union citizenship (Case C-4/23 Mirin) and one about non-binary persons under EU data protection law (Case C-394/23 Mousse).