Amendment No. 8 | Doc. 13742 | 21 April 2015

Discrimination against transgender people in Europe

Signatories: Mr Valeriu GHILETCHI, Republic of Moldova, EPP/CD ; Mr Ben-Oni ARDELEAN, Romania, EPP/CD ; Mr Zsolt CSENGER-ZALÁN, Hungary, EPP/CD ; Ms Aleksandra DJUROVIĆ, Serbia, EPP/CD ; Ms Rózsa HOFFMANN, Hungary, EPP/CD ; Mr Zsolt NÉMETH, Hungary, EPP/CD ; Mr Aleksandar NIKOLOSKI, ''The former Yugoslav Republic of Macedonia'', EPP/CD ; Mr Cezar Florin PREDA, Romania, EPP/CD ; Mr Egidijus VAREIKIS, Lithuania, EPP/CD

Origin - 2015 - Second part-session

In the draft resolution, paragraph 6.2.3, replace the words "remove any restrictions on the right of transgender people to remain in an existing marriage upon recognition of their gender" with the following words:

"desist from arbitrarily interfering with the right to respect for private and family life, including when the transgender person is married".

Explanatory note

The wording would imply the generalisation of same-sex marriage. It goes beyond the case-law of the ECHR and the consensus among member States. See the ECHR, in the recent case Hämäläinen v. Finland (no. 37359/09) judgement of 16 July 2014, as well as Parry v. the United Kingdom (no. 42971/05).