"Bulgarian authorities should not have the right to refuse to issue a transgender woman with identity documents corresponding to the sex she now presents herself as, according to a non-binding legal opinion issued as guidance ahead of a case being heard at the European Court of Justice. Advocate General (AG) Richard de la Tour recommended this to the court on Thursday."
"The case concerns a Bulgarian national, with the alias "Shipov" used on court documents, registered at birth as of male sex who has undergone hormone therapy and now identifies as a woman. "The discrepancy between her feminine appearance and her official identity documents as a person of the male sex causes problems she encounters on a daily basis, in particular looking for a job," an ECJ press release summarizing the opinion said."
"She applied for changes to be made recognizing her sex as female and changing details of her civil status on her birth certificate and was refused. Bulgarian courts interpret national law as only permitting changes to gender on identity documents that correspond with the birth certificate. Bulgaria's Supreme Court of Cassation, where the individual appealed, then forwarded the case to the ECJ, saying that it did not believe domestic law as currently interpreted could be reconciled with EU law. The Advocate General concurred in Thursday's opinion."
An Advocate General advised that Bulgarian authorities should not refuse to issue identity documents to a transgender woman reflecting her female presentation. The individual, registered male at birth and now identifying as a woman after hormone therapy, faces daily problems such as job-seeking due to the mismatch between appearance and official documents. She requested recognition of her sex as female and changes to her birth certificate and civil status and was refused. Bulgarian courts interpret national law as permitting document changes only when the birth certificate matches. Bulgaria's Supreme Court referred the case to the European Court of Justice, and the AG concurred that the national approach risks violating rights linked to identity documents under EU law.
Read at www.dw.com
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