{"id":5225,"date":"2025-04-30T14:23:00","date_gmt":"2025-04-30T12:23:00","guid":{"rendered":"https:\/\/www.anwaelte-schneider-stein.de\/?p=5225"},"modified":"2025-07-03T14:57:31","modified_gmt":"2025-07-03T12:57:31","slug":"eugh-lived-gender-identity-is-decisive-for-refugee-registration","status":"publish","type":"post","link":"https:\/\/www.anwaelte-schneider-stein.de\/en\/ssp-news\/eugh-gelebte-geschlechtsidentitaet-ist-bei-fluechtlingsregistrierung-massgeblich\/","title":{"rendered":"ECJ: Lived gender identity is decisive for refugee registration"},"content":{"rendered":"

Background<\/strong><\/p>\n

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

The case<\/strong><\/p>\n

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.<\/p>\n

The decision<\/strong><\/p>\n

The ECJ clarified:
\n\ud83d\udd39 The data to be included in the refugee register must correspond to the lived gender identity<\/strong> correspond.
\n\ud83d\udd39 The Personal data must be factually correct and up-to-date<\/strong> (Art. 5 para. 1 lit. d GDPR).
\n\ud83d\udd39 One Gender reassignment surgery as a prerequisite for a correction<\/strong> is inadmissible - this would be a violation of fundamental rights (Art. 8 EU Charter of Fundamental Rights, Art. 7 ECHR).<\/p>\n

The Court emphasises that the right to rectification of inaccurate personal data also protects the recognition of the right to data portability. actually lived identity<\/strong>regardless of official registrations or medical interventions. The current Hungarian practice is therefore contrary to European law.<\/p>\n

Significance for practice<\/strong><\/p>\n

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<\/strong> not on the basis of outdated or medical-biological attributions.<\/p>\n

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

Also with a view to the Self-Determination Act (SBGG)<\/strong>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.<\/p>\n

Conclusion<\/strong><\/p>\n

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.<\/p>\n<\/div><\/div><\/div><\/div><\/div><\/div><\/section>

<\/i><\/div>

Dr Oldenburger<\/a><\/span> advises and represents individuals, different and same-sex couples on the path to fertility fulfilment, including surrogacy and international adoptions. Send him an e-mail at (oldenburger@schneiderstein.de<\/a><\/span>) or use our Contact form<\/span><\/a>.
\nBy the way: We offer country-specific package prices for surrogacy and international adoption procedures from A-Z (fixed prices) or modular fees depending on your service requirements. This means that your expenses can be calculated from the outset. Further information on the desire to have children here.<\/a><\/span><\/p>\n<\/div><\/div><\/div><\/div><\/div><\/div><\/section>","protected":false},"excerpt":{"rendered":"Background In its ruling of 13 March 2025 (Case C-247\/23), the European Court of Justice (ECJ) sent an important signal: When registering refugees, the lived gender identity is decisive - not the gender assigned at birth. Gender reassignment surgery may not be required. The judgement strengthens the protection of personal data and the fundamental rights of transgender people within...","protected":false},"author":12,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-5225","post","type-post","status-publish","format-standard","hentry","category-unkategorisiert"],"_links":{"self":[{"href":"https:\/\/www.anwaelte-schneider-stein.de\/en\/wp-json\/wp\/v2\/posts\/5225","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.anwaelte-schneider-stein.de\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.anwaelte-schneider-stein.de\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.anwaelte-schneider-stein.de\/en\/wp-json\/wp\/v2\/users\/12"}],"replies":[{"embeddable":true,"href":"https:\/\/www.anwaelte-schneider-stein.de\/en\/wp-json\/wp\/v2\/comments?post=5225"}],"version-history":[{"count":0,"href":"https:\/\/www.anwaelte-schneider-stein.de\/en\/wp-json\/wp\/v2\/posts\/5225\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.anwaelte-schneider-stein.de\/en\/wp-json\/wp\/v2\/media?parent=5225"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.anwaelte-schneider-stein.de\/en\/wp-json\/wp\/v2\/categories?post=5225"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.anwaelte-schneider-stein.de\/en\/wp-json\/wp\/v2\/tags?post=5225"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}