A young transgender man has sued the Romanian authorities because he no longer wants to be registered as a woman in official documents
A transgender man with dual Romanian and British citizenship has complained to the judges of the European Court of Justice that the Romanian authorities are violating his rights.
He filed a lawsuit against the Directorate for Personal Records and the municipality of Cluj because they refused to update his Romanian documents to reflect his gender, first name and identification number in accordance with his identity. He is still obliged to have documents stating that he is a woman. This case is a precedent in the history of the Court of Justice of the European Union.
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"I returned from the airport in Cluj; they looked at my ID and asked me to turn around so they could see me from the side. They asked if I wanted to have surgeries or other things; it was a circus moment. When they gave me back my ID, I crossed the border without dignity", said Arian Mirzarafie-Ahi, according to the Accept association.
Arian Mirzarafie-Ahi was born in Cluj, but emigrated with his family to the United Kingdom at the age of 16, where he also became a British citizen. In 2016, Arian began the legal transition to change his name and gender on documents. It took four years for the British authorities to acknowledge that Arian had completed all the necessary medical and legal steps.
Arian Mirzarafie-Ahi, at the CJEU: "Every time I use my passport or look at my ID, it reminds me of what I can't do, what I've lost".
After the UK's exit from the European space, Arian needed his Romanian documents again, so he asked the civil status authorities in Cluj to update them based on the British legal decisions. Three years have passed since then, and Arian says he was forced to seek justice in court.
Romanian judges have suspended the lawsuit against the civil status authorities in Cluj and await the decision of the Luxembourg judges. They must clarify two aspects: whether Arian is entitled to the rights of European citizens considering the UK's exit from the EU and whether he must repeat the entire process in the UK to change his Romanian documents.
Iustina Ionescu, lawyer: "Our case is about presenting a corresponding document. Supportive arguments were presented by the European Commission, Germany, the Netherlands, even Poland, and the Greek government, but in written form".
In May of last year, the European Court of Human Rights obliged Romania to protect and recognize same-sex families. The Romanian Parliament had two bills in this regard, but none were put to vote.
Csaba Ferenc Asztalos, president of National Council for Combating Discrimination (CNCD): "It says that if we do not implement decisions within a reasonable period, Romania's right to vote in the EU Council may be lost".
Contacted by PROTV News, representatives of the Directorate for Personal Records stated that they cannot comment on Arian's case before the judges make a decision.
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