EU High Court Rules that Denying Trans Healthcare to Prisoners is a violation of their human rights

Image by Ka Schmitz | Pudelskern Source

In a Major Win for trans rights, the EU High Court ruled that denying transgender prisoners HRT is a violation of their human rights.

The European Court of Human Rights ruled in the case of W.W. vs Poland that denying hormone replacement therapy (HRT) to a trans woman in a Polish prison violated her rights under Article 8 of the European Convention on Human Rights. This decision is a major win for trans people in prison, who often face barriers to trans-specific healthcare, reports Transgender Europe (TGEU)

Key takeaways:

• First of its kind: This ruling marks the first time the Court has explicitly recognized the importance of HRT for trans people in prison, affirming it as essential, life-saving healthcare.
• A positive step for trans rights: The decision underscores that States are obliged to provide access to necessary trans-specific healthcare, including in prison settings.
• A need for systemic change: The case reveals the systemic barriers and discrimination faced by trans people in prison, from delays in accessing care to the broader issue of transphobia within institutions.

TGEU is a member-based organisation committed to fostering strong trans movements. Read more about this ruling at the Strasbourg Observers

Court Ruling A "Monumental Victory" for Transgender Rights in the European Union

Photo / IGLA

The European Union Court of Justice ruled yesterday that a transgender man with dual citizenship must have his legal identity recognized by both countries.

Arian Mirzarafie-Ahi, a transgender man with Romanian and British citizenship, filed a first-of-its-kind lawsuit in Romania against Romanian authorities over their refusal to recognize his male name and gender identity acquired in the United Kingdom (while still treated as an EU Member State). The lawsuit, which raised fundamental questions under EU law, was referred to the Court of Justice of the European Union (CJEU) in Luxembourg, according to a press release from the IGLA.

TGEU Expert Advisor, Richard Köhler, said in a joint statement with the IGLA: “The CJEU’s ruling in the Mirin case is a monumental victory for trans people in Europe! Arian was forced to navigate a legal nightmare, facing the prospect of conflicting passports and demands for sterilisation to match his legal gender on Romanian and UK documents. Member States must recognise each other’s decisions—this is about equality and dignity. Romania, it’s time to act: Arian deserves his passport now, and the country needs a legal framework for recognising foreign gender identities.”

ILGA-Europe’s Senior Strategic Litigation, Marie-Hélène Ludwig added: “Today’s ruling confirms that without mutual recognition of legal gender recognition from one Member State to another, the right to freedom of movement and residence is not guaranteed for trans people in the EU. It is a great victory that shows the power of strategic litigation in the EU. This judgement will have an immensely positive impact, increasing legal protection for all trans people in the EU, all the more as certain EU countries like Romania still do not provide a legal framework for legal gender recognition conforming with European Court of Human Rights’ standards.”