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Document 61994CJ0013

Summary of the Judgment

Judgment of the Court of 30 April 1996.
P v S and Cornwall County Council.
Reference for a preliminary ruling: Industrial Tribunal, Truro - United Kingdom.
Equal treatment for men and women - Dismissal of a transsexual.
Case C-13/94.




Social policy ° Male and female workers ° Access to employment and working conditions ° Equal treatment ° Directive 76/207 ° Dismissal of a transsexual for a reason arising from the gender reassignment of the person concerned ° Not permissible

(Council Directive 76/207, Art. 5(1))


In view of the objective pursued by Directive 76/207 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, Article 5(1) of the directive precludes the dismissal of a transsexual for a reason arising from the gender reassignment of the person concerned. Since the right not to be discriminated against on grounds of sex constitutes a fundamental human right, the scope of the directive cannot be confined simply to discrimination based on the fact that a person is of one or other sex. It must extend to discrimination arising from gender reassignment, which is based, essentially if not exclusively, on the sex of the person concerned, since to dismiss a person on the ground that he or she intends to undergo, or has undergone, gender reassignment is to treat him or her unfavourably by comparison with persons of the sex to which he or she was deemed to belong before that operation.