Executive Summary

• Author: Directorate-General for Justice and Consumers (European Commission), ICF
• Pages: 1-17

Legal gender recognition in the EU: the journeys of trans people towards full equality

June 2020

1

EXECUTIVE SUMMARY

The European Commission is committed to tackling discrimination and promoting

equality for transgender people. To further this objective, the European Commission’s

department responsible for justice, consumer rights and g ender equality (DG Justice

and Consumers) commissioned and supervised this study. The research focused on the

position and experiences of trans people in education, employment and later life, as well

as their interactions with Legal Gender Recognition (LGR) procedures and th eir

experiences of coming out. It also considered the impact of discrimin ation that trans

individuals can face throughout their lifetime.

Focusing on these areas, the study had two key objectives: 1) providing an overview of

the situation of t ransgender people in the EU and 2) un derstanding whether there is a

positive correlation between inclusive policies allowing for Legal Gender R ecognition

(LGR) and the well-being of transgender people.

To achieve those tw o main objectives, the study consulted a total of 1,015 adults who

identified as transgender across the 27 EU Member States and the UK, in addition to

conducting a literature review, legal research an d a quantitative analysis of available

data. The results of these activities brought a wealth of insights into the challenges and

barriers transgender people face across Europe. These formed the basis of

recommendations at EU and Member State level.

I. Being trans - the position of transgender people in EU society

i. Coming out and transitioning

Trans people’s experien ces of coming out and transitioning vary, depending on their

age, gender identity, family support, the visibility and acceptance of other trans people

in wider society, existing legal systems, and other factors. Many study participants noted

that coming out processes can be long and complex, and can entai l many phases.

Most trans p eople realise that their gender does not match their sex assigned at birth

before reaching the age of 18, according to FRA’s 2019 LGBTI survey. During this period,

children’s gender expression can be policed by parents, teachers and other members of

society.

For some trans individuals, initial awareness of their identity in early childhood is

sometimes accompanied by feelings of frustration or failure that they have not ‘lived up’

to societal expectations of their assigned gender. Amongst participan ts in this study,

some of these incidents related to playing with toys that were stereotypically associated

with another gender, internalising comments from adults about what was ‘appropriate’

behaviour, or being excluded from gender-segregated activities, such a s team sports.

There can be a gap between trans individuals becoming conscious of their gender

identity and first telling somebody about it . Even for those trans respondents who

became conscious of their gender identit y when t hey were young (e.g. ag es 0-5, 6-9

and 10-14), it was on average not until they reached their early 20s that they first came

out to someone (FRA’s 2019 LGBTI survey). Some participants in our study had

repressed their feelings about their gender identity and delayed coming out for decades

rather than years, due to their strong fear of familial rejection or losing their jobs.

‘I’ve known since I was little […] I r emember telling my mum […] She […] became

like really upset and told me never to tell anybody… That’s what I did … [I had] all

these feelings my whole life. I hoped they would go away, but they n ever did.’

Trans woman, aged 35-44, residing in UK

‘There was no information on this in Romania. […] I couldn’t go to anyone to help me

define how I felt. As a result, it took me years … I set aside my sentiments towards

Legal gender recognition in the EU: the journeys of trans people towards full equality

June 2020

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my identity so that I could look after what I had in that moment, such as my children

and family.’

Trans woman, aged 35-44, residing in Romania

Trans individuals can face a range of reactions from family and fri ends after disclosing

their gender identity, reflecting the gaps in social understanding of trans identities and,

in some cases, overt hostility towards them. Although many participants noted positive

reactions, many others experienced rejection from family members. Some were left

unable to see their children or facing divorce.

Coming out is not a one-time event, but rather a continuous and iterative process. The

burden of repetitively coming out may have negative effects on the well -being of trans

people. Additionally, coming out is not always a choice. Many trans people are forced to

come out about their gender identity, especially in public places, such as post offices,

banks, city hall, exam venues, bars, and any other location where ID is required . Of

concern, some participants feared being perceived as trans in public, due to the risk of

transphobic violence or other hostile responses. This is supported by large-scale survey

data: approximately 30% of trans respondents in the FRA LGBTI survey r eported that

they ‘alwa ys’ or ‘often’ avoided expressing their gender through their physical

appearance and clothing, for fear of being assaulted, threatened or harassed (2019) .

As part of transitioning, some individuals may wish to undergo medical interventions,

but this process may be hampered by difficulties accessing hormone therap y, a lack of

support from healthcare professionals and negative reactions from others.

Having access to information about trans identities can be particularly useful for trans

people in understanding their identity and coming out. Participants spoke of helpful

sources such as the media, social media, oth er online sources, books and peer support

groups. Relatedly, having the words to describe their gender identity was an important

step for some. Conversely, many struggled to define their gender identity and come out

without the appropriate terms and information. The presence of negative narratives

about trans people in th e media and wider society was also a barrier to coming out for

many.

Understanding one’s gender identity can be especially hard for some groups of trans

people. Fo r many people with non-binary identities, the binary structure of society –

and often, their national lan guage – may make it hard for them to ‘find the words’ to

come to understand their gender identity and express it to others.

‘My father complained about me not being normal, even as a trans person… My father

told me, and I’m quoting, “a normal trans person is from male to female or female to

male. I don’t even know what you’re doing, you’re an extremist, like the Taliban ”.’

Non-binary person, aged 35-44, residing in Italy

Furthermore, trans people with autism and with speech or learning disabilities may face

extra challenge s in verbalising t heir gender identity. However, it is worth noting that

some participants actually felt having autism had b een benefici al to them in

understanding their identity, as it meant they were able to question binary gender norms

and their own gender identity at an early age.

ii. Being trans in education

In 2019, the FRA LGBTI survey found that these were the highest educational

qualifications that trans respondents had gained: secondary education (applied to

40.6% of trans respondents), post-secondary education other than college/university

(12%), and t ertiary education (43.6%). Aroun d 3.8% of respondents had no formal

education or had only completed primary education as their highest level.