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<p>This article examines the CJEU’s evolving case law on the rights of trans people. Through an analysis of two series of cases (first: <i>P v S</i>, <i>KB</i>, <i>Richards</i> and <i>MB</i>, and then: <i>Mirin</i>, <i>Mousse</i> and <i>Deldits</i>), it explores how the Court has gradually strengthened legal protection. Traditionally, this topic has been addressed by the inclusion of ‘gender reassignment’ in the framework of EU non-discrimination law. In the last two years, the Court has protected trans persons’ rights through other legal instruments (freedom of movement and GDPR) and reshaped its understanding of gender identity beyond its former medicalised and binary approach.</p>

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The advancement of the rights of trans persons before the CJEU

  • 期刊论文

  • 发表日期：

    2025年11月27日

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  • Marie-Hélène Ludwig

摘要

This article examines the CJEU’s evolving case law on the rights of trans people. Through an analysis of two series of cases (first: P v S, KB, Richards and MB, and then: Mirin, Mousse and Deldits), it explores how the Court has gradually strengthened legal protection. Traditionally, this topic has been addressed by the inclusion of ‘gender reassignment’ in the framework of EU non-discrimination law. In the last two years, the Court has protected trans persons’ rights through other legal instruments (freedom of movement and GDPR) and reshaped its understanding of gender identity beyond its former medicalised and binary approach.