WRITTEN QUESTION E-1842/02 by Glyn Ford (PSE) to the Commission. Article 13 of the EC Treaty and transgender discrimination.
Date: 2002-06-28
Institutions: European Parliament, Provisional data
Subjects: EU law, LGBTIQ persons, discrimination on the basis of sexual orientation, equal treatment, interpretation of the law, labour law, sexual discrimination

C 52 E/106

Official Journal of the European Union

EN

6.3.2003

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WRITTEN QUESTION E-1842/02

by Glyn Ford (PSE) to the Commission

(28 June 2002)

Subject: Article 13 of the EC Treaty and transgender discrimination

Does the Commission agree that transgender discrimination is covered by Article 13 of the EC Treaty?

Is it also covered by the ‘Discrimination in the Workplace’ Directive?

If not, what plans does the Commission have to tackle transgender discrimination?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(29 July 2002)

1.
The questions posed by the Honourable Member concerning transgender discrimination give rise to
complex questions of interpretation of Community law and compatibility with fundamental rights (see in
particular the European Convention on Human Rights). Each case of transgender discrimination must be
the discrimination alleged by the
analysed on its merits,
transsexual.

the specific nature of

taking account of

2.
Although Article 13 of the Treaty does not explicitly cover transgender discrimination, it can be
deduced from the case law of the Court of Justice (1) that discrimination on grounds of the gender
reassignment of a person would be covered by the ban on discrimination on grounds of sex.

Assuming that the Honourable Member’s reference to the ‘Discrimination in the Workplace Directive’
3.
refers to Directive 2000/78/EC (2),
it should be noted that this Directive covers discrimination on the
grounds of religion and belief, disability, age and sexual orientation. Transgender discrimination is,
however, not one of the grounds covered by this particular Directive.

(1)

Judgment of 30 April 1996, Case C-13/94, P v S and Cornwall County Council. This case concerned the validity of
the dismissal of a transsexual because of his gender reassignment, in the light 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, 14.2.1976).

(2) Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in

employment and occupation (OJ L 303, 2.12.2000).