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.
In a judgment handed down on 27 June 2018 the UK Supreme Court unanimously declared that the ban preventing opposite-sex couples from obtaining a civil partnership was incompatible with their human rights and amounted to discrimination.
A person who has changed gender cannot be required to annul the marriage which he or she entered into before that change of gender in order to be entitled to receive a retirement pension at the age provided for persons of the sex which he or she has acquired. Such a condition constitutes direct discrimination based on sex
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.