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First European Country Recognizes Third Gender Recognition as a Human Right | Austria

By a judgment of 15 June 2018, delivered 29 June 2018, the Austrian Constitutional Court, in proceedings litigated by ECSOL-member Helmut Graupner, has ordered, with immediate effect, that sex entries in the civil registries and in identity documents have to reflect individual self-determined gender identity. This judgment of the world´s first and oldest Constitutional Court makes Austria the first country in Europe and the third world-wide recognizing third gender as a human right.

 

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CJEU: Member-States Must Recognize Same-Gender Marriages for Residence Rights | European Union

The term ‘spouse’ within the meaning of the provisions of EU law on freedom of residence for EU citizens and their family members includes spouses of the same sex

Although the Member States have the freedom whether or not to authorise marriage between persons of the same sex, they may not obstruct the freedom of residence of an EU citizen by refusing to grant his same-sex spouse, a national of a country that is not an EU Member State, a derived right of residence in their territory.

 

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