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Advancing Trans Rights in Europe: Resolution 2048 Framework for Equality

This resolution addresses discrimination against transgender people in Europe, focusing on legal gender recognition, health care access, anti-discrimination measures, and the importance of self-determination. While the resolution from the Council of Europe is non-binding, it provides a valuable framework for understanding and implementing transgender rights in member states. Key aspects include monitoring, legislation implementation, sensitivity training, and awareness campaigns. The resolution also emphasizes the right to healthcare without pathologization and the prevention of hate crimes and intolerance. Several countries have already taken steps to implement these guidelines, showcasing the political momentum and impact of this resolution on transgender rights advocacy in Europe.

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Advancing Trans Rights in Europe: Resolution 2048 Framework for Equality

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  1. Frame Parliamentary Assembly Resolution 2048, 22nd April 2015 “Discrimination against transgender people in Europe” • Council of Europe, not EU • 2009: Issue Paper Commissioner HR; 2010: Recommendation from Committee of Ministers, not trans-specific • Political decision, not binding (“soft law”) • But: piece of the puzzle on how to interprete the ECHR, may influence binding court decisions • Political momentum: activists training, MP Petra de Sutter

  2. Frame Two parts • Resolution • Considerations • Call to action on member states • Schembri Report: background information on the situation of trans people in Europe

  3. Substance Res. “Toolbox” • Monitoring, data collection • Legislation • Implement legislation • Training, sensitise key persons • Information, awareness raising in the general public Nothing about us without us!

  4. Substance Res. Anti-discrimination • Anti-discrimination, incl. multiple discrimination • Esp. in employment, housing, justice, health care • Hate crime • Intolerance • Also: implement human rights without discrimination

  5. Substance Res. Legal Gender Recognition • for all trans people • based on self-determination, without any medical requirement or forced divorce • quick, transparent and accessible”(Reference to CM/Rec(2010)05) • consider third legal gender • best interest of the child (only accepted amendment)

  6. Substance Res. Health Care • Accessible, incl. reimbursement, transition-related care • Suicide prevention • Depsychopathologisation, explore alternative trans health care models

  7. Substance Res. Making use of the Resolution • Luxemburg and Finland: addressed the government on implementation • Germany: reference to the Res. stating trans is not a mental illness • Switzerland: contact with a middle-right wing (liberals) MP, interpellation in parliament on implementation

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