91997E3542

WRITTEN QUESTION E-3542/97 by James Moorhouse (PPE) to the Commission (12 November 1997)

Subject: Transexual citizens in the European Union

In the light of the Council of Europe Recommendation 1117 and the great disparity in the legal status and treatment of transexual European citizens in the various Member States, are there any plans to introduce proposals to improve civil rights for this group of disadvantaged and discriminated against citizens?

Is the Commission aware of the extent of discrimination in employment, passport rights, rights in prison, rights concerning adoption and marriage and how these differences are having a serious detrimental effect on the well-being, economic prosperity and happiness of many European Union citizens?

Answer given by Mr Flynn on behalf of the Commission (5 December 1997)

The Commission is aware of the whole range of serious problems that transsexuals encounter and of their feeling of helplessness in the face of the prejudices against them that still exist in our society.

The Commission wishes to inform the Honourable Member that there are no specific provisions in Community law governing the situation of transsexuals. However, the Community Directives adopted on equal treatment for men and women are universally applicable and therefore apply also to transsexuals.

This has been confirmed in the case-law of the Court of Justice, which in a recent judgement ((Judgement of the Court of Justice of 30 April 1996 in Case C-13/94 P. V. S. and Cornwall County Council. )) considered that Article 5(1) of Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions ((OJ L 39 of 14.2.1976. )) precludes dismissal of a transsexual for a reason related to a gender reassignment.