Current Version
| Region | Hungary |
| Issue | Right to change legal gender |
| Status | Illegal |
| Start Date | May 28, 2020 |
| End Date | (none) |
| Description | On International Transgender Day of Visibility 2020 Hungary's parliament submitted a bill to amend the definition of sex to match sex at birth, making it impossible for individuals to change their legal gender. On January 31st 2023, the Constitutional Court of Hungary issued a ruling that will continue to block new applications from transgender people for legal gender recognition. |
| Sources | https://www.hrw.org/news/2020/05/21/hungary-ends-legal-recognition-transgender-and-intersex-people https://www.hrw.org/news/2023/02/09/hungary-court-closes-door-transgender-legal-recognition https://www.alkotmanybirosag.hu/uploads/2023/02/sz_iii_2644_2022.pdf |
Reports (1)
- Newer law has been passed "Issue: New court ruling passed & Incorrect status
Source:
1. https://www.ilga-europe.org/news/landmark-cjeu-ruling-demands-member-states-ensure-legal-gender-recognition-freedom-of-movement/
2. https://infocuria.curia.europa.eu/tabs/jurisprudence?sort=DOC_DATE-DESC&searchTerm=%22C-43%2F24%22&publishedId=C-43%2F24
Description:
On March 12th 2026, the European Court of Justice issued a judgment "C-43/24" in a case of a Bulgarian trans woman living in Italy.
The court has ruled that her inability to change the gender marker on her Bulgarian documents violates the right to free movement within EU as described in the Article 21 of Treaty on the Functioning of European Union, as well as the right to private life, guaranteed by the Article 7 of the Charter of Fundamental Rights of European Union.
As such, the court ruled two orders:
1. On the basis of Article 21 of TFEU and article 7 of CFREU, European Union Member States should allow for the amendment of gender data, such as the sex, family name, patronymic, first name and personal identification number, recorded in their civil status registers.
2. Local courts of Member States of European Union are no longer bound by their respective Constitutional Courts if their interpretation of the national law bans legal gender recognition as described by the first ruling of the European Court of Justice.
Request:
1. To temporarily change the status of the "Right to change legal gender" in Hungary from "Banned" to "Ambiguous", as it is the only existing status in this category that matches the situation. Similar status is currently in place in Liechtenstein.
2. To add a new "Restricted" status to the "Right to change legal gender" category, similar to the "Restricted" status within the category "Gender-affirming care", which has the "Restricted" status as an option in-between "Banned" and "Legal". The current ruling of the European Court of Justice allows for gender markers to be amended through litigation rather than established procedure and will be decided on a case-by-case basis as such, much better fitting the "Restricted" status than "Ambiguous", "Banned", or "Legal".
3. Alternatively, to change the status to "Legal", as the court mandates the ability to change legal gender in all cases, even if through litigation, with no prerequisites other than "lived gender experience". A similar system was in place in Germany where a person needed to go to a court for a permission to change their legal gender, the ruling of ECJ essentially mandates a universal right and ability to change legal gender through litigation as it only requires proofs of "lived gender experience" rather than diagnosis or surgery."
Revision History (12)
edited by Notdog1996. Removing irrelevant information. Right to change legal gender specifically refers to documents. Anti discrimination bills are irrelevant here.
Helpful?
1 | Old Value | New Value (Current) | |
|---|---|---|
| Value | (REMOVED) | Illegal |
| Special Status | Ambiguous | Illegal |
| End Date | Jan 1, 2021 | (none) |
| Description | On International Transgender Day of Visibility 2020 Hungary's parliament submitted a bill to amend the definition of sex to match sex at birth, making it impossible for individuals to change their legal gender, However, there is other pieces of legislation that de facto recognise transgenders such as anti discrimination legislation. Someone has changed the status to illegal despite the legislation still in place | On International Transgender Day of Visibility 2020 Hungary's parliament submitted a bill to amend the definition of sex to match sex at birth, making it impossible for individuals to change their legal gender. On January 31st 2023, the Constitutional Court of Hungary issued a ruling that will continue to block new applications from transgender people for legal gender recognition. |
Show Difference | ||
| Sources | https://www.hrw.org/news/2020/05/21/hungary-ends-legal-recognition-transgender-and-intersex-people | https://www.hrw.org/news/2020/05/21/hungary-ends-legal-recognition-transgender-and-intersex-people https://www.hrw.org/news/2023/02/09/hungary-court-closes-door-transgender-legal-recognition https://www.alkotmanybirosag.hu/uploads/2023/02/sz_iii_2644_2022.pdf |
Show Difference | ||
Reports (1)
- Status is not correct "Doesn't matter that there are anti-discrimination laws. You can't change legal gender"
edited by Canadianstudent03. Someone has changed the status to illegal despite the legislation still in place
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Value | Illegal | (REMOVED) |
| Special Status | Illegal | Ambiguous |
| Description | On International Transgender Day of Visibility 2020 Hungary's parliament submitted a bill to amend the definition of sex to match sex at birth, making it impossible for individuals to change their legal gender, However, there is other pieces of legislation that de facto recognise transgenders such as anti discrimination legislation | On International Transgender Day of Visibility 2020 Hungary's parliament submitted a bill to amend the definition of sex to match sex at birth, making it impossible for individuals to change their legal gender, However, there is other pieces of legislation that de facto recognise transgenders such as anti discrimination legislation. Someone has changed the status to illegal despite the legislation still in place |
Show Difference | ||
Reports (3)
- Duplicate entry
- Newer law has been passed "A troll or an uninformed person has repeatedly been setting this to ambiguous while it is clearly illegal."
- Newer law has been passed "Someone please ban this troll. Fidesz has clearly banned gender change in Hungary"
edited by Notdog1996. It is not ambiguous.
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Value | (REMOVED) | Illegal |
| Special Status | Ambiguous | Illegal |
edited by Canadianstudent03. This law is still activr,
Helpful?
0 | Old Value | New Value |
|---|
edited by Canadianstudent03. This law is still activr,
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| End Date | Jan 31, 2023 | (none) |
| Description | On International Transgender Day of Visibility 2020 Hungary's parliament submitted a bill to amend the definition of sex to match sex at birth, making it impossible for individuals to change their legal gender, However, It is illegal in Hungary to be discriminated for your gender identity and there is other pieces of legislation that de facto recognise transgenders | On International Transgender Day of Visibility 2020 Hungary's parliament submitted a bill to amend the definition of sex to match sex at birth, making it impossible for individuals to change their legal gender, However, there is other pieces of legislation that de facto recognise transgenders such as anti discrimination legislation |
Show Difference | ||
edited by JohnQuebec98. In Hungary, there is legislation in place that recognises Trans Identity despite gender change being illegal
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Value | Illegal | (REMOVED) |
| Special Status | Illegal | Ambiguous |
| Description | On International Transgender Day of Visibility 2020 Hungary's parliament submitted a bill to amend the definition of sex to match sex at birth, making it impossible for individuals to change their legal gender, However, It is illegal in Hungary to be discriminated for your gender identity | On International Transgender Day of Visibility 2020 Hungary's parliament submitted a bill to amend the definition of sex to match sex at birth, making it impossible for individuals to change their legal gender, However, It is illegal in Hungary to be discriminated for your gender identity and there is other pieces of legislation that de facto recognise transgenders |
Show Difference | ||
Reports (4)
- Status is not correct "On International Transgender Day of Visibility 2020 Hungary's parliament submitted a bill to amend the definition of sex to match sex at birth, making it impossible for individuals to change their legal gender. While it is technically illegal to discriminate against people based on gender identity that law is rarely, if ever taken seriously.
https://www.hrw.org/news/2020/05/21/hungary-ends-legal-recognition-transgender-and-intersex-people"
- Status is not correct "Status is illegal. Curently there's a law in Hungary that prohibits intersex and transgender people from changing their gender on documents and by this banning medical tradition "
- Status is not correct "Changing the gender in official papers is prohibited as per the constitution. (I think since 2020)"
- Status is not correct "Legal gender recognition is clearly banned, trans and intersex people cannot change their name and gender marker in official documents since 2020. The fact that they are protected against dismissal, refusal of services, violence etc. does not change this."
edited by Notdog1996. It is not ambiguous. It is just plainly illegal.
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Value | (REMOVED) | Illegal |
| Special Status | Ambiguous | Illegal |
edited by JohnQuebec98. Many trusted sources such as Ilga claims gender discrimination is illegal in hungary
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Value | Illegal | (REMOVED) |
| Special Status | Illegal | Ambiguous |
| Description | On International Transgender Day of Visibility 2020 Hungary's parliament submitted a bill to amend the definition of sex to match sex at birth, making it impossible for individuals to change their legal gender. | On International Transgender Day of Visibility 2020 Hungary's parliament submitted a bill to amend the definition of sex to match sex at birth, making it impossible for individuals to change their legal gender, However, It is illegal in Hungary to be discriminated for your gender identity |
Show Difference | ||
| Old Value (Original) | New Value | |
|---|---|---|
| Start Date | (unknown) | May 28, 2020 |
| Description | Hungary’s parliament this week passed a law making it impossible for transgender or intersex people to legally change their gender. | On International Transgender Day of Visibility 2020 Hungary's parliament submitted a bill to amend the definition of sex to match sex at birth, making it impossible for individuals to change their legal gender. |
Show Difference | ||
created by DuffdeNecker
Helpful?
0 | Original entry | |
|---|---|
| Status | Illegal |
| Start Date | (unknown) |
| End Date | (none) |
| Description | Hungary’s parliament this week passed a law making it impossible for transgender or intersex people to legally change their gender. |
| Sources | https://www.hrw.org/news/2020/05/21/hungary-ends-legal-recognition-transgender-and-intersex-people |