3This resolution archives Resolution 2.13 on Freedom of Gender Identity as a Fundamental4European Right
5Gender and Sexual Rights, Discrimination, Civil Liberties
6For consideration on the annual Congress of the European Liberal Youth (LYMEC) in7Skopje, North Macedonia on 3-5 April 2020
9- Despite the promising developments in individual countries, trans and intersex people still10confront significant levels of inequality across the European Union.
11- In recent years increasing attention has been paid to the human rights of trans and intersex12people and to discrimination on the grounds of gender identity and sex characteristics.
13- International and regional protections for trans and intersex populations are currently in a state14of flux.
15- No international human rights treaty specifically acknowledges trans and intersex individuals;
16- EU primary legislation also provides no explicit references to gender identity, gender expression17or sex characteristics, although the Charter of fundamental rights of the European Union does list 18genetic features and sexual orientation in the list of non-discrimination grounds (Art. 21(1)).
19- EU secondary law does contain reference to trans identities. Recital 3 of the EU equality20directive (2006/54/EC) provides that the Directive also applies to discrimination arising from 21“gender reassignment”. The baseline obligation for EU Member States in relation to trans 22non-discrimination has thus mostly been looked at through the lens of “gender reassignment”, 23resulting in a highly medicalised picture of trans populations, which frames trans equality as 24contingent upon medical interventions. This calls into question the utility and applicability of EU 25non-discrimination guarantees for the large population of trans people in Europe who cannot or 26will not access gender confirmation healthcare.
27- No judgments have been issued regarding intersex or non-binary individuals and it remains to28be seen whether EU sex equality law – in its current formulation – has the capacity to 29accommodate and safeguard gender beyond the binary.
30- The conditions for legal gender recognition varies greatly in Europe. In some countries, there31are still no legislative, administrative or judicial guidelines for acknowledging a preferred gender.
32- According the Amnesty International Annual Report 2017/2018, children and adults with33variations in sex characteristics continue to face human rights violations, perpetrated in the 34course of non-emergency, invasive and irreversible medical intervention which often have 35harmful consequences on physical and psychological health.
36- In 2017, the European Court of Human Rights found that the sterilization requirement for legal37gender recognition violates human rights.
38- that in some countries, a mental health diagnosis is a requirement in order for one to be able to39change their gender.
41- The freedom of identity and expression is a fundamental human right;
42- The availability of non-discriminatory public health care is the foundation of a modern liberal43society.
44- In states where gender confirmation treatments are not available, obtaining such services45abroad can result in national authorities refusing to recognise the medical interventions. This 46creates a possible breach of the freedom to provide and receive services across the EU
47LYMEC calls for:
48- Gender identity, gender expression and sex characteristics to be added to EU49non-discrimination grounds, making discrimination and refusal in the provision of healthcare to 50trans and intersex individuals illegal.
51- Gender confirmation treatments should be made available to all.
52- All EU and EFTA member states to adopt legislation that affirms preferred gender through a53model of self-determination.
Attention: This is a preview! The official text is printed in the proposal book for Skopje Spring Congress 2020 03 - 05 April 2020.