LGBTI Equal Rights Association for Western Balkans and Turkey
The main part of the report deals with EU law on trans discrimination. EU non-discrimination law does not at present
contain an explicit prohibition of discrimination on the grounds of a person’s gender identity and gender expression.
Indeed, Art. 19 TFEU, which is the most general legal provision on non-discrimination in the EU Treaty, entitles the
EU to take action to combat “discrimination based on sex, racial or ethnic origin, religion or belief, disability, age
or sexual orientation” only, without mentioning trans issues. Neither does a prohibition on discrimination against
trans people appear in the EU Charter of Fundamental Rights.