Trans man's rights infringed upon in Romania

The European Union's highest court ruled on Friday that Romanian authorities violated a British-Romanian trans man’s rights by not recognising his gender identity, which also went against European law.

This case, which involved issues related to free movement and citizenship rights under EU law, was initially brought to a Romanian court in 2021 and referred to the European Union Court of Justice last year.

Arian Mirzarafie-Ahi moved to the United Kingdom in 2008 and became a British citizen in 2016, the same year he began his transition.

While the UK was still an EU member, UK authorities issued him a gender recognition certificate.

In 2021, Romanian authorities refused to recognise his name and gender change, insisting he undergo their lengthy national procedure and claimed the UK's EU membership status had changed.

In a preliminary ruling issued on Friday, the European court stated that authorities must recognise and amend the national documents for individuals who have legally changed their gender identity in another EU member state, without further procedures, ‘Swiss Info’ reports.

“As such, the timing of the request for recognition and registration of the first name and gender identity change, being after the other Member State had exited the European Union, is irrelevant,” the court ruling stated.

The Romanian LGBTQ+ rights organisation ACCEPT, which supported this case, commented that the ruling establishes a precedent for trans individuals whose gender recognition is not acknowledged in other parts of the EU, affecting their freedom to travel, live, work, study, or vote throughout the bloc.

Despite decriminalising homosexuality much later than other EU regions - in 2001 - socially conservative Romania still prohibits marriage and civil partnerships for same-sex couples.

In 2020, Romania’s Constitutional Court overturned a broad ban on gender identity studies.