ECJ: Lived gender identity is decisive for refugee registration

Background

In its judgment of 13 March 2025 (Case C-247/23), the Court of Justice European Court of Justice (ECJ) has sent an important signal: In the registration of refugees, the Lived gender identity is decisive - not the sex assigned at birth. A gender reassignment surgery must not be demanded become. The judgement strengthens the protection of personal data and the fundamental rights of transgender people within the EU.

The case

A person recognised as a refugee in Hungary had been registered as a woman, although she had identified as a man for years and had medical evidence to prove this. Surgical gender reassignment had not taken place - also because this was hardly legally or practically possible in the country of origin (Iran). The application to correct the gender information in accordance with Art. 16 GDPR was rejected by the Hungarian authorities. The national court then appealed to the ECJ.

The decision

The ECJ clarified:
🔹 The data to be included in the refugee register must correspond to the lived gender identity correspond.
🔹 The Personal data must be factually correct and up-to-date (Art. 5 para. 1 lit. d GDPR).
🔹 One Gender reassignment surgery as a prerequisite for a correction is inadmissible - this would be a violation of fundamental rights (Art. 8 EU Charter of Fundamental Rights, Art. 7 ECHR).

The Court emphasises that the right to rectification of inaccurate personal data also protects the recognition of the right to data portability. actually lived identityregardless of official registrations or medical interventions. The current Hungarian practice is therefore contrary to European law.

Significance for practice

This decision is a milestone for the rights of transgender people in European asylum and data protection law. It concretises the obligation of the member states, Gender data in the refugee register based on lived reality not on the basis of outdated or medical-biological attributions.

At the same time, the judgement strengthens the Scope of application of the GDPR in connection with the right to identity, which is also a guiding principle for national authorities when handling personal data.

Also with a view to the Self-Determination Act (SBGG)which has been in force in Germany since November 2024, the ECJ ruling has a reinforcing effect: the recognition of gender identity must not be made dependent on medical procedures.

Conclusion

The ECJ's decision emphasises that the right to identity does not come up against national borders. Authorities must comply with European legal standards when collecting personal data - especially in the sensitive area of gender identity. For those affected, this means a significant step towards more self-determination, visibility and respect.