WRITTEN QUESTION No. 3542/97 by James MOORHOUSE to the Commission. Transexual citizens in the European Union
Date: 1997-11-12
Institutions: European Parliament, MOORHOUSE
Subjects: LGBTIQ persons, anti-discriminatory measure, application of EU law, dismissal, equal treatment, gender equality, legal status, quality of life, social situation, surgery

25. 5. 98

EN

Official Journal of the European Communities

C 158/147

The Commission will raise this problem at the next meeting of the programme Monitoring Committee in order to
bring to the notice of the regional authorities any undesirable effects of the kind referred to by the Honourable
Member.

(98/C 158/194)

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 (1) 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 (2) precludes dismissal of a transsexual for a reason related to a gender reassignment.

Judgement of the Court of Justice of 30 April 1996 in Case C-13/94 P. V. S. and Cornwall County Council.

(1) 
(2)  OJ L 39 of 14.2.1976.

(98/C 158/195)

WRITTEN QUESTION E-3543/97

by Joan Vallve· (ELDR) to the Commission

(12 November 1997)

Subject: Konver initiative

In  July  1994,  in  connection  with  the  Konver  military  conversion  initiative,  the  Commission  invited  the
governments of the Member States to propose regions which might be eligible to receive funds from Konver,
before  the  Commission  itself  subsequently  decided  exactly  which  regions  would  receive  these  Community
funds.

Will  the  Commission  provide  a  list  of  the  regions  in  Spain  which  have  reveived  funds  under  the  Konver
initiative, giving details of the amount of the subsidies granted?