Section 33. Legal gender recognition (2020-) | Háttér Society

Section 33. Legal gender recognition (2020-)

On May 29, 2020, the Act no. XXX of 2020 entered into force. Its Section 33 makes it impossible for a transgender person to have their gender legally recognized, that is, for a transgender person to request that their official documents contain their gender and name in accordance with their gender identity. We are challenging these provisions before domestic and international legal fora.

We provide up-to-date information on the status of these litigation efforts on this page. 

In addition to the procedures included in the table below, we are in contact with dozens of other trans people with whom we are negotiating in what form we can assist them the best. If your application for legal gender recognition has been rejected by the authorities, and you would like to take legal action, send an email to the address jogsegely@hatter.hu attaching the official decision!

 

Description of the case

Legal forum

Háttér’s role in the proceedings

Status

Expected developments

 In 2016 a transgender man recognized as a refugee in Hungary requested the legal gender recognition of his gender. His request was rejected by the authorities on grounds that he has no Hungarian citizenship. Read more ...

 

European Court of Human Rights

Háttér provided legal representation.

Case won. Appeal pending

 

 

 In 2017 and 2019, 23 transgender people turned to the Strasbourg court because their application for legal gender recognition had not been processed by the Hungarian authorities. Transvanilla Transgender Association provides legal representation to the applicants. Read more ...

European Court of Human Rights 

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Communicated

 

In March 2020, the Administrative and Labor Court of Debrecen requested the constitutional review of the then existing regulation on legal gender recognition arguing that the legislation lacks sufficient clarity. In July 2021 the Constitutional Court rejected the petition on procedural grounds arguing that the problems identified amount to constitutional omission, but judges can only request the constitutional review of legal norms and not of constitutional omissions  Read more... 

Constitutional Court

Háttér filed an amicus curiae brief to the Court.

Favorable decision delivered

 

A transgender person whose application for legal gender recognition had not been processed until the entry into force of Section 33 petitioned the Constitutional Court. Transvanilla Transgender Association provides legal representation. Read more ...

Constitutional Court

Háttér plans to submit an amicus curiae brief to the court

Declared admissible. 

 

A transgender person who has not yet applied for legal gender recognition turned to the Constitutional Court arguing that Section 33 stripped him of the right to legal gender recognition. Transvanilla Transgender Association provides legal representation. Read more ...

Constitutional Court

Háttér plans to submit an amicus curiae brief to the court.

Rejected.

 

A transgender woman, whose application for legal gender recognition had already been accepted, turned to the Constitutional Court arguing that due to Section 33, her data in the birth registry might be perceived as wrong, as it contains her gender, not her sex at birth as it is supposed to be in line with the new legislation. This might result in the authorities deciding to correct the wrong data. Read more... 

Constitutional Court

Háttér plans to submit an amicus curiae brief to the court.

Declared admissible.

 

Six transgender persons turned to the Constitutional Court who had submitted legal gender recognition applications, but those applications had not been processed before the entering into force of Section 33. Read more

Constitutional Court

Háttér plans to submit an amicus curiae brief to the court.

Declared admissible.

 

In March 2019 a transgender man applied for legal gender recognition, but his application was rejected by the local registrar in September 2019. The Budapest Administrative and Labor Court upheld the rejection, the plaintiff requested the review of the judgment from the Curia. The applicant argues in the case that legal gender recognition should be granted notwithstanding the entry into force of Section 33, which has only entered into force after the application had been submitted, or alternatively that the Curia shall suspend the case and request the Constitutional Court to review the constitutionality of Section 33. 

Curia

Háttér provides legal representation.

Court procedure suspended

 

In August 2019, a transgender man applied for legal gender recognition, which was rejected by the local registrar in June 2020 with reference to Section 33. The applicant argues in the case that legal gender recognition should be granted notwithstanding the entry into force of Section 33, or alternatively that the Budapest-Capital Regional Court shall suspend the case and request the Constitutional Court to review the constitutionality of Section 33. The court suspended the proceeding due to ongoing proceedings of the Curia.

Budapest-Capital Regional Court

Háttér provides legal representation.

Court procedure suspended

 

In April 2019, a transgender man applied for legal gender recognition, which was rejected by the local registrar in June 2020 with reference to  Section 33. The applicant argues in the case that legal gender recognition should be granted notwithstanding the entry into force of Section 33, or alternatively that the Budapest-Capital Regional Court shall suspend the case and request the Constitutional Court to review the constitutionality of Section 33. The court found the decision of the local registrar unlawful, as the evaluation of the application fell under the jurisdiction of the Government Office of the Capital City of Budapest. In the repeated procedure the Government Office of the Capital City of Budapest rejected the application, therefore the applicant challenged the decision in the Budapest-Capital Regional Court. The court annulled the decision of the Government Office of the Capital City of Budapest and ordered the authority to start a new procedure. In the repeated procedure the authority suspended the procedure due to ongoing proceedings of the Curia. Háttér requested that the Government Office of the Capital City of Budapest to deliver a decision notwithstanding the suspension. The authority notified the applicant to remedy procedural deficiencies. After the deficiencies have been remedied the applicant had to confirm whether he is willing to subject himself to an examination by a committee of forensic experts. The Government Office of the Capital City of Budapest appointed the forensic experts’ committee. The applicant’s examination is done. On the basis of the supporting medical opinion, the Government Office of the Capital City of Budapest has authorised the legal gender recognition.

Budapest-Capital Regional Court

Háttér assisted in compiling the petition and the statement(s) filed during the proceeding. Háttér provides assistance in the repeated procedure.

Legal gender recognition authorised

 

In March 2019, a transgender man applied for legal gender recognition, which was rejected by the local registrar in June 2020 with reference to Section 33. The applicant argues in the case that legal gender recognition should be granted notwithstanding the entry into force of Section 33, or alternatively that the Debrecen Regional Court shall suspend the case and request the Constitutional Court to review the constitutionality of Section 33. The Debrecen Regional Court annulled the order of the registrar and ordered to conduct a new procedure. In the repeated procedure the Government Office of the Capital City of Budapest rejected the application for gender and name change, therefore the decision was challenged at the Budapest-Capital Regional Court. The court initiated that the Constitutional Court declare ban on use for the present proceedings as for any proceedings in the same subject matter pending before a court of Section 101/A (2) of Act I of 2010 on Civil Procedure - in force between 29 May 2020 and 7 April 2021 - that was deemed unconstitutional and annulled by 11/2021. (IV. 7.) AB decision of the Constitutional Court. In its decision the Constitutional Court rejected the judicial initiative to exclude the application of Article 101/A (2) of Act I of 2010 on Civil Procedure, while stating that the 11/2021 (IV. 7.) AB decision is applicable in all cases. The regional court annulled the decision of the Government Office and ordered the authority to repeat the procedure. In the repeated procedure the authority suspended the procedure due to ongoing proceedings of the Curia. After the conclusion of these proceedings the authority notified the applicant to remedy procedural deficiencies. After the deficiencies have been remedied the applicant had to confirm whether he is willing to subject himself to an examination by a committee of forensic experts. Read more

Debrecen Regional Court, Budapest-Capital Regional Court, Constitutional Court

Háttér provided legal representation and provides assistance in the repeated procedure.

Repeated procedure in progress

 

In July 2019 a transgender man applied for legal gender recognition, which was rejected by the local registrar in June 2020 with reference to Section 33. The applicant argues in the case that legal gender recognition should be granted notwithstanding the entry into force of Section 33, or alternatively, that the Debrecen Regional Court shall suspend the case and request the Constitutional Court to review the constitutionality of Section 33. The Debrecen Regional Court annulled the decision of the registrar and ordered a new procedure. In the repeated procedure the Government Office of the Capital City of Budapest rejected the application, so Háttér turned to the Debrecen Regional Court to change the decision of the Government Office, or to annul it and order the authority to initiate a new procedure. The court annulled the infringing decision of the Government Office of the Capital City of Budapest and ordered to conduct a new procedure. In the repeated procedure the Government Office of the Capital City of Budapest rejected the application, therefore the applicant filed a petition, on the basis of which the Government Office of the Capital City of Budapest revoked its infringing decision, and then in the repeated procedure it rejected the application. The rejection decision was challenged in the Debrecen Regional Court. In its judgment, the court found that the decision of the Government Office of the Capital City of Budapest was unlawful, and therefore annulled it and ordered the authority to conduct a new procedure, stating that in the repeated procedure it should assess the application on the basis of the medical reports submitted by the applicant, and if necessary to clarify the facts, it should appoint a forensic expert. The Government Office of the Capital City of Budapest submitted a review application to the Curia. The Curia rejected the review application and a new procedure was therefore initiated. The authority notified the applicant to remedy procedural deficiencies. After the deficiencies have been remedied the applicant had to confirm whether he is willing to subject himself to an examination by a committee of forensic experts.

Debrecen Regional Court, Curia

Háttér provided legal representation and provides assistance in the repeated procedure.

Repeated procedure in progress

 

In May 2019 a transgender man applied for legal gender recognition, which was rejected by the local registrar in June 2020 with reference to Section 33. The applicant argues in the case that legal gender recognition should be granted notwithstanding the entry into force of Section 33, or alternatively, that the Budapest-Capital Regional Court shall suspend the case and request the Constitutional Court to review the constitutionality of Section 33. The Court found the decision of the registrar unlawful, as it would have been within the jurisdiction of the Government Office of the Capital City of Budapest to decide.  In the repeated procedure the Government Office of the Capital City of Budapest rejected the application so the rejection decision was challenged in the Budapest-Capital Regional Court. In its judgment, the court found that the decision of the Government Office of the Capital City of Budapest was unlawful, and therefore annulled it and ordered the authority to conduct a new procedure, stating that in the repeated procedure it should assess the application on the basis of the medical reports submitted by the applicant, and if necessary to clarify the facts, it should appoint a forensic expert. The authority notified the applicant to remedy procedural deficiencies. After the deficiencies have been remedied the applicant had to confirm whether he is willing to subject himself to an examination by a committee of forensic experts. The Government Office of the Capital City of Budapest appointed the forensic experts’ committee. 

Budapest-Capital Regional Court

Háttér assisted in compiling the petition and other submissions and provides assistance in the repeated procedure.

 

Repeated procedure in progress

 

In February 2020 a transgender man applied for legal gender recognition, which was rejected by the local registrar in June 2020 with reference to not having received a notification of  the change of gender from the Government Office of the Capital City of Budapest. Háttér requested in the case that the court follows existing case law and orders the appropriate authority to accept the medical opinions provided. The Budapest-Capital Regional Court dismissed the action, after which Háttér appealed to the Curia. The review procedure was suspended by the Curia on the basis of an ongoing constitutional court proceeding. After its conclusion the proceeding resumed. In its review decision the Curia amended the judgment of the Budapest-Capital Regional Court and annulled the decision of the registrar that rejected the legal gender recognition and ordered the registrar to conduct a new procedure. In the repeated procedure the competent authority, Government Office of the Capital City of Budapest, notified the applicant to remedy procedural deficiencies. After the deficiencies have been remedied the applicant had to confirm whether he is willing to subject himself to an examination by a committee of forensic experts.

Budapest-Capital Regional Court, Curia

Háttér provided legal representation and provides assistance in the repeated procedure.

Repeated procedure in progress

 

In December 2019 a transgender man applied for legal gender recognition, which was rejected by the local registrar in June 2020 with reference to Section 33, and not having received supportive medical opinion or a notification of the change of gender from the  Government Office of the Capital City of Budapest. The applicant argues in the case that legal gender recognition should be granted notwithstanding the entry into force of Section 33, or alternatively, that the Budapest-Capital Regional Court shall suspend the case and request the Constitutional Court to review the constitutionality of Section 33. The court found that the decision of the registrar was unlawful, as it was within the jurisdiction of the Government Office of the Capital City of Budapest to decide on the matter. In the repeated procedure the Government Office of the Capital City of Budapest rejected the application for gender and name change, therefore the decision was challenged at the Budapest-Capital Regional Court.  In its judgment, the court found that the decision of the Government Office of the Capital City of Budapest was unlawful, and therefore annulled it and ordered the authority to conduct a new procedure, stating that in the repeated procedure it should assess the application on the basis of the medical reports submitted by the applicant, and if necessary to clarify the facts, it should appoint a forensic expert. The authority notified the applicant to remedy procedural deficiencies. After the deficiencies have been remedied the applicant had to confirm whether he is willing to subject himself to an examination by a committee of forensic experts. The applicant decided he does not want to subject himself to a humiliating medical examination therefore the procedure has been terminated.

Budapest-Capital Regional Court

Háttér assisted in compiling the petition and other submissions and provided assistance in the repeated procedure.

 

Procedure terminated

 

In July 2019 a transgender woman applied for legal gender recognition, which was rejected by the local registrar in June 2020 with reference to Section 33, and not having received supportive medical opinion or a notification of the change of gender from the Government Office of the Capital City of Budapest. The applicant argues in the case that legal gender recognition should be granted notwithstanding the entry into force of Section 33, or alternatively, that the Budapest-Capital Regional Court shall suspend the case and request the Constitutional Court to review the constitutionality of Section 33. The Budapest-Capital Regional Court annulled the decision of the registrar and ordered to conduct a new procedure. In the repeated procedure the Government Office of the Capital City of Budapest rejected the application, so the decision was challenged at the Budapest-Capital Regional Court to change the decision of the Government Office or to annul it and order the authority to conduct a new procedure. The court annulled the infringing decision of the Government Office of the Capital City of Budapest and ordered to conduct a new procedure. In the repeated procedure the Government Office of the Capital City of Budapest rejected the application, therefore the applicant filed a petition, on the basis of which the Government Office of the Capital City of Budapest revoked its infringing decision, and then in the repeated procedure it rejected the application. The rejection decision was challenged in the Budapest-Capital Regional Court. In its judgment, the court found that the decision of the Government Office of the Capital City of Budapest was unlawful, and therefore annulled it and ordered the authority to conduct a new procedure, stating that in the repeated procedure it should assess the application on the basis of the medical reports submitted by the applicant, and if necessary to clarify the facts, it should appoint a forensic expert. The Government Office of the Capital City of Budapest submitted a review application to the Curia but the Curia upheld the decision. In the proceeding the Curia ruled that in the absence of a different legal provision it is for the legislature to decide which expert opinion is suitable to prove a question requiring special expertise, and also held that when the administrative authority or the court decides on the adequacy of the available expert opinion, it is not making a law but carrying out an assessment and weighing of the evidence in fulfillment of its legal obligation. According to the decision, the Government Office of the Capital City of Budapest must conduct the repeated procedure. The authority notified the applicant to remedy procedural deficiencies. After the deficiencies have been remedied the applicant had to confirm whether she is willing to subject herself to an examination by a committee of forensic experts.

Budapest-Capital Regional Court

Háttér provided legal representation and provides assistance in the repeated procedure.

 

Repeated procedure in progress

 

In January 2020 a transgender man applied for legal gender recognition, which was rejected by the local registrar in June 2020 with reference to Section 33, and not having received supportive medical opinion or a notification of the change of gender from the Government Office of the Capital City of Budapest. The applicant argues in the case that legal gender recognition should be granted notwithstanding the entry into force of Section 33, or alternatively, that the Budapest-Capital Regional Court shall suspend the case and request the Constitutional Court to review the constitutionality of Section 33. The Budapest-Capital Regional Court annulled the decision of the registrar and ordered to conduct a new procedure. In the repeated procedure the Government Office of the Capital City of Budapest rejected the application, so Háttér applied to the Budapest-Capital Regional Court to change the decision of the Government Office or to annul it and order the authority to initiate a new procedure. The court annulled the infringing decision of the Government Office of the Capital City of Budapest and ordered to conduct a new procedure. In the repeated procedure the Government Office of the Capital City of Budapest rejected the application, therefore Háttér filed a petition, on the basis of which the Government Office of the Capital City of Budapest revoked its infringing decision, and then in the repeated procedure it rejected the application. The rejection decision was challenged in the Budapest-Capital Regional Court. In its judgment, the court found that the decision of the Government Office of the Capital City of Budapest was unlawful, and therefore annulled it and ordered the authority to conduct a new procedure, stating that in the repeated procedure it should assess the application on the basis of the medical reports submitted by the applicant, and if necessary to clarify the facts, it should appoint a forensic expert. The Government Office of the Capital City of Budapest suspended the repeated procedure citing ongoing review procedures of the Curia in similar cases. Háttér requested that the Government Office of the Capital City of Budapest to deliver a decision notwithstanding the suspension. The authority notified the applicant to remedy procedural deficiencies. After the deficiencies have been remedied the applicant had to confirm whether he is willing to subject himself to an examination by a committee of forensic experts.

Budapest-Capital Regional Court

Háttér assisted in compiling the petition and other submissions and provides assistance in the repeated procedure

Repeated procedure in progress

 

In January 2020 a transgender woman applied for legal gender recognition, which was rejected by the local registrar in June 2020 with reference to Section 33. The applicant argues in the case that legal gender recognition should be granted notwithstanding the entry into force of Section 33, or alternatively, that the Miskolc Regional Court shall suspend the case and request the Constitutional Court to review the constitutionality of Section 33. The court, in agreement with the plaintiff, appealed to the Constitutional Court to judge the application of the new rules to ongoing proceedings unconstitutional. The Constitutional Court agreed with the applicant and the Miskolc Regional Court and annulled the provision that requires the application of the new rule to ongoing proceedings. Read more…

Pursuant to the decision of the Constitutional Court, the General Court of Miskolc annulled the decision of the registrar and ordered a new procedure, stating that the application must be transferred to the competent Government Office of the Capital City of Budapest. In the repeated procedure the Government Office of the Capital City of Budapest rejected the application for gender and name change, therefore the decision was challenged at the Budapest-Capital Regional Court.  In its judgment, the court found that the decision of the Government Office of the Capital City of Budapest was unlawful, and therefore annulled it and ordered the authority to conduct a new procedure, stating that in the repeated procedure it should assess the application on the basis of the medical reports submitted by the applicant, and if necessary to clarify the facts, it should appoint a forensic expert. The authority notified the applicant to remedy procedural deficiencies. After the deficiencies have been remedied the applicant had to confirm whether she is willing to subject herself to an examination by a committee of forensic experts.

Miskolc Regional Court, Budapest-Capital Regional Court, Constitutional Court

Háttér provided legal representation,  assisted in compiling the petition and other submissions and provides assistance in the repeated procedure

 

Repeated procedure in progress

 

In July 2019 a transgender man applied for legal gender recognition, which was rejected by the local registrar in June 2020 with reference to Section 33. The applicant argues in the case that legal gender recognition should be granted notwithstanding the entry into force of Section 33, or alternatively, that the Győr Regional Court shall suspend the case and request the Constitutional Court to review the constitutionality of Section 33. The court found that the decision of the registrar was unlawful, as the Government Office of the Capital City of Budapest would have had the right to decide on the matter. Referring to the ongoing proceedings of the Constitutional Court, the court suspended the proceeding. In the repeated procedure the Government Office of the Capital City of Budapest rejected the application, so Háttér turned  to court to change the decision of the Government Office or to annul it and order the authority to conduct a new procedure. The court annulled the infringing decision of the Government Office of the Capital City of Budapest and ordered to conduct a new procedure. In the repeated procedure the Government Office of the Capital City of Budapest rejected the application, therefore the applicant filed a petitionIn its judgment, the court found that the decision of the Government Office of the Capital City of Budapest was unlawful, and therefore annulled it and ordered the authority to conduct a new procedure, stating that in the repeated procedure it should assess the application on the basis of the medical reports submitted by the applicant, and if necessary to clarify the facts, it should appoint a forensic expert. The Government Office of the Capital City of Budapest suspended the repeated procedure citing ongoing review procedures of the Curia in similar cases. Háttér requested that the Government Office of the Capital City of Budapest to deliver a decision notwithstanding the suspension. The authority notified the applicant to remedy procedural deficiencies. After the deficiencies have been remedied the applicant had to confirm whether he is willing to subject himself to an examination by a committee of forensic experts. The Government Office of the Capital City of Budapest appointed the forensic experts’ committee. 

Győr Regional Court

Háttér assisted in compiling the petition and other submissions and provides assistance in the repeated procedure

Repeated procedure in progress

 

In July 2019 a transgender woman applied for legal gender recognition, which was rejected by the local registrar in June 2020 with reference to Section 33, and not having received supportive medical opinion or a notification of the change of gender from the Government Office of the Capital City of Budapest. The applicant argues in the case that legal gender recognition should be granted notwithstanding the entry into force of Section 33, or alternatively, that the Budapest-Capital Regional Court shall suspend the case and request the Constitutional Court to review the constitutionality of Section 33. The court suspended the proceeding referring to a Constitutional Court proceeding and another ongoing administrative court procedure. After the conclusion of these, the proceeding resumed. The court found that the decision of the registrar was unlawful, as it was within the jurisdiction of the Government Office of the Capital City of Budapest to decide on the matter. The authority notified the applicant to remedy procedural deficiencies and also to confirm whether she is willing to subject herself to an examination by a committee of forensic experts.

Budapest-Capital Regional Court

Háttér provided legal representation and provides assistance in the repeated procedure

Repeated procedure in progress

 

In November 2019 a transgender man applied for legal gender recognition, which was rejected by the local registrar in June 2020 with reference to Section 33, and not having received supportive medical opinion or a notification of the change of gender from the Government Office of the Capital City of Budapest. The applicant argued in the case that legal gender recognition should be granted notwithstanding the entry into force of Section 33, or alternatively, that the Budapest Environs Regional Court shall suspend the case and request the Constitutional Court to review the constitutionality of Section 33. The court annulled the registrar's decision and ordered to conduct a new procedure. The repeated procedure is in progress. In the repeated procedure the Government Office of the Capital City of Budapest rejected the application, therefore the decision was challenged in the Budapest Environs Regional Court. In its judgment, the court found that the decision of the Government Office of the Capital City of Budapest was unlawful, and therefore annulled it and ordered the authority to conduct a new procedure, stating that in the repeated procedure it should assess the application on the basis of the medical reports submitted by the applicant, and if necessary to clarify the facts, it should appoint a forensic expert. The Government Office of the Capital City of Budapest submitted a review application to the Curia but the Curia upheld the decision therefore the Government Office of the Capital City of Budapest must conduct the repeated procedure. The authority notified the applicant to remedy procedural deficiencies. After the deficiencies have been remedied the applicant had to confirm whether he is willing to subject himself to an examination by a committee of forensic experts.

Budapest Environs Regional Court

Háttér provided legal representation and provides assistance in the repeated procedure

Repeated procedure in progress

 

In April 2019 a transgender woman applied for legal gender recognition, which was rejected by the local registrar in June 2020 with reference to Section 33, and not having received supportive medical opinion or a notification of the change of gender from the Government Office of the Capital City of Budapest. The applicant argues in the case that legal gender recognition should be granted notwithstanding the entry into force of Section 33, or alternatively, that the Budapest-Capital Regional Court shall suspend the case and request the Constitutional Court to review the constitutionality of Section 33. The court found that the decision of the registrar was unlawful, as the Government Office of the Capital City of Budapest would have had the right to decide on the matter.The Government Office of the Capital City of Budapest suspended the repeated procedure citing ongoing review procedures of the Curia in similar cases. After the conclusion of these proceedings the authority notified the applicant to remedy procedural deficiencies. After the deficiencies have been remedied the applicant had to confirm whether she is willing to subject herself to an examination by a committee of forensic experts.

Budapest-Capital Regional Court

Háttér provided legal representation and provides assistance in the repeated procedure

Repeated procedure in progress

 

In December 2019 a transgender woman applied for legal gender recognition, which was rejected by the local registrar in July 2020 with reference to Section 33, and not having received supportive medical opinion or a notification of the change of gender from the Government Office of the Capital City of Budapest. The applicant argues in the case that legal gender recognition should be granted notwithstanding the entry into force of Section 33, or alternatively, that the Szeged Regional Court shall suspend the case and request the Constitutional Court to review the constitutionality of Section 33.  The court found that the decision of the registrar was unlawful, as the Government Office of the Capital City of Budapest would have had the right to decide on the matter. The Government Office of the Capital City of Budapest suspended the repeated procedure citing ongoing review procedures of the Curia in similar cases. After the conclusion of these proceedings the authority notified the applicant to remedy procedural deficiencies. After the deficiencies have been remedied the applicant had to confirm whether she is willing to subject herself to an examination by a committee of forensic experts.

Szeged Regional Court

Háttér provided legal representation and provides assistance in the repeated procedure

Repeated procedure in progress

 

In November 2019 a transgender man applied for legal gender recognition, which was rejected by the local registrar in June 2020 with reference to Section 33. The applicant argues in the case that legal gender recognition should be granted notwithstanding the entry into force of Section 33, or alternatively, that the Budapest-Capital Regional Court shall suspend the case and request the Constitutional Court to review the constitutionality of Section 33. The court found that the decision of the registrar was unlawful, as the Government Office of the Capital City of Budapest would have had the right to decide on the matter. In the repeated procedure the Government Office of the Capital City of Budapest rejected the application, so it was challenged on the Budapest-Capital Regional Court. In its judgment, the court found that the decision of the Government Office of the Capital City of Budapest was unlawful, and therefore annulled it and ordered the authority to conduct a new procedure, stating that in the repeated procedure it should assess the application on the basis of the medical reports submitted by the applicant, and if necessary to clarify the facts, it should appoint a forensic expert. 

Budapest-Capital Regional Court

Háttér provided legal representation

Repeated procedure in progress

 

In January 2020 a transgender woman applied for legal gender recognition, which was rejected by the local registrar in July 2020 with reference to Section 33. The applicant argues in the case that legal gender recognition should be granted notwithstanding the entry into force of Section 33, or alternatively, that the Győr Regional Court shall suspend the case and request the Constitutional Court to review the constitutionality of Section 33. The court found that the decision of the registrar was unlawful, as the Government Office of the Capital City of Budapest  would have had the right to decide on the matter. In the repeated procedure the Government Office of the Capital City of Budapest rejected the application for gender and name change, therefore the decision was challenged in court. The court annulled the infringing decision of the Government Office of the Capital City of Budapest and ordered to conduct a new procedure. In the repeated procedure the Government Office of the Capital City of Budapest rejected the application, therefore the applicant filed a petitionIn its judgment, the court found that the decision of the Government Office of the Capital City of Budapest was unlawful, and therefore annulled it and ordered the authority to conduct a new procedure, stating that in the repeated procedure it should assess the application on the basis of the medical reports submitted by the applicant, and if necessary to clarify the facts, it should appoint a forensic expert. The Government Office of the Capital City of Budapest suspended the repeated procedure citing ongoing review procedures of the Curia in similar cases. Háttér requested that the Government Office of the Capital City of Budapest to deliver a decision notwithstanding the suspension. The authority notified the applicant to remedy procedural deficiencies. After the deficiencies have been remedied the applicant had to confirm whether she is willing to subject herself to an examination by a committee of forensic experts.

Győr Regional Court

Háttér assisted in compiling the petition and other submissions and provides assistance in the repeated procedure

Repeated procedure in progress

 

In March 2020 a transgender woman applied for legal gender recognition, which was rejected by the local registrar in July 2020 with reference to Section 33. The applicant argues in the case that legal gender recognition should be granted notwithstanding the entry into force of Section 33, or alternatively, that the Budapest-Capital Regional Court shall suspend the case and request the Constitutional Court to review the constitutionality of Section 33. The court suspended the proceeding referring to a Constitutional Court proceeding and another ongoing administrative court procedure. After the conclusion of these, the proceeding resumed. The court found that the decision of the registrar was unlawful, as it was within the jurisdiction of the Government Office of the Capital City of Budapest to decide on the matter. 

Budapest-Capital Regional Court

Háttér provided legal representation and provides assistance in the repeated procedure

Repeated procedure in progress

 

In April 2019 a transgender man applied for legal gender recognition, which was rejected by the local registrar in June 2020 with reference to Section 33. The applicant argues in the case that legal gender recognition should be granted notwithstanding the entry into force of Section 33, or alternatively, that the Budapest-Capital Regional Court shall suspend the case and request the Constitutional Court to review the constitutionality of Section 33.  The court found that the decision of the registrar was unlawful, as the Budapest Government Office  would have had the right to decide on the matter. In the repeated procedure the Government Office of the Capital City of Budapest rejected the application, so it was challenged on the Budapest-Capital Regional Court. In its judgment, the court found that the decision of the Government Office of the Capital City of Budapest was unlawful, and therefore annulled it and ordered the authority to conduct a new procedure, stating that in the repeated procedure it should assess the application on the basis of the medical reports submitted by the applicant, and if necessary to clarify the facts, it should appoint a forensic expert. The authority notified the applicant to remedy procedural deficiencies. After the deficiencies have been remedied the applicant had to confirm whether he is willing to subject himself to an examination by a committee of forensic experts.

Budapest-Capital Regional Court

Háttér assisted in compiling the petition and other submissions and provides assistance in the repeated procedure

Repeated procedure in progress

 

In February 2020 a transgender man applied for legal gender recognition, which was rejected by the local registrar in June 2020 with reference to Section 33. The applicant argues in the case that legal gender recognition should be granted notwithstanding the entry into force of Section 33, or alternatively, that the Szeged Regional Court shall suspend the case and request the Constitutional Court to review the constitutionality of Section 33. The court found that the decision of the registrar was unlawful, as the Government Office of the Capital City of Budapest would have had the right to decide on the matter. The Government Office of the Capital City of Budapest suspended the repeated procedure citing ongoing review procedures of the Curia in similar cases. After the conclusion of these proceedings the authority notified the applicant to remedy procedural deficiencies. After the deficiencies have been remedied the applicant had to confirm whether he is willing to subject himself to an examination by a committee of forensic experts.

Szeged Regional Court, Budapest-Capital Regional Court

Háttér assisted in compiling the petition and other submissions and provides assistance in the repeated procedure

Repeated procedure in progress

 

In March 2019 a transgender man applied for legal gender recognition, which was rejected by the local registrar in June 2020 with reference to Section 33. The applicant argues in the case that legal gender recognition should be granted notwithstanding the entry into force of Section 33, or alternatively, that the Debrecen Regional Court shall suspend the case and request the Constitutional Court to review the constitutionality of Section 33. In its judgment, the court found that the decision of the Government Office of the Capital City of Budapest was unlawful, and therefore annulled it and ordered the authority to conduct a new procedure, stating that in the repeated procedure it should assess the application on the basis of the medical reports submitted by the applicant, and if necessary to clarify the facts, it should appoint a forensic expert. The Government Office of the Capital City of Budapest suspended the repeated procedure citing ongoing review procedures of the Curia in similar cases. After the conclusion of these proceedings the authority notified the applicant to remedy procedural deficiencies and also to confirm whether he is willing to subject himself to an examination by a committee of forensic experts. The Government Office of the Capital City of Budapest appointed the forensic experts’ committee. 

Debrecen Regional Court, Budapest-Capital Regional Court

Háttér assisted in compiling the petition and other submissions and provides assistance in the repeated procedure

Repeated procedure in progress

 

In May 2020 a transgender man applied for legal gender recognition, which was rejected by the local registrar in July 2020 with reference to Section 33, and not having received supportive medical opinion or a notification of the change of gender from the Government Office of the Capital City of Budapest. The applicant argues in the case that legal gender recognition should be granted notwithstanding the entry into force of Section 33, or alternatively, that the Veszprém Regional Court shall suspend the case and request the Constitutional Court to review the constitutionality of Section 33The court found that the decision of the registrar was unlawful, as the Government Office of the Capital City of Budapest would have had the right to decide on the matter. The Government Office of the Capital City of Budapest suspended the repeated procedure citing ongoing review procedures of the Curia in similar cases. After the conclusion of these proceedings the authority notified the applicant to remedy procedural deficiencies. After the deficiencies have been remedied the applicant had to confirm whether he is willing to subject himself to an examination by a committee of forensic experts.

Veszprém Regional Court

Háttér assisted in compiling the petition and other submissions and provides assistance in the repeated procedure

Repeated procedure in progress

 

In February 2019 a transgender man applied for legal gender recognition, which was rejected by the local registrar in June 2020 with reference to Section 33. The applicant argues in the case that legal gender recognition should be granted notwithstanding the entry into force of Section 33, or alternatively, that the Győr Regional Court shall suspend the case and request the Constitutional Court to review the constitutionality of Section 33. The court found that the decision of the registrar was unlawful, as the Government Office of the Capital City of Budapest would have had the right to decide on the matter. In the repeated procedure the Government Office of the Capital City of Budapest rejected the application for gender and name change, therefore the decision was challenged at the Budapest-Capital Regional CourtIn its judgment, the court found that the decision of the Government Office of the Capital City of Budapest was unlawful, and therefore annulled it and ordered the authority to recognise the name and gender of the applicant. The Government Office of the Capital City of Budapest submitted a review application to the Curia what the Curia found admissible.

Budapest-Capital Regional Court, Curia

 

Háttér provides legal representation.

Review procedure is in progress

 

In November 2019 a transgender woman applied for legal gender recognition, which was rejected by the local registrar in July 2020 with reference to Section 33. The applicant argues in the case that legal gender recognition should be granted notwithstanding the entry into force of Section 33, or alternatively, that the Miskolc Regional Court shall suspend the case and request the Constitutional Court to review the constitutionality of Section 33. Referring to it being an ongoing proceeding, the Constitutional Court suspended the procedureThe court found that the decision of the registrar was unlawful, as the Government Office of the Capital City of Budapest would have had the right to decide on the matter. Repeated procedure is in progress.

Miskolc Regional Court

Háttér provided legal representation and provides assistance in the repeated procedure

Repeated procedure in progress

 

In April 2019 a transgender man applied for legal gender recognition, which was transferred by the Government Office of the Capital City of Budapest to the local registrar, who refused to evaluate the application, claiming that they have no jurisdiction in the matter. Háttér requested the local regisrtar to decide on the merits or initiate the resolution of the conflict over material competence via court. In February 2021, the Government Office of the Capital City of Budapest rejected the application, against which Háttér filed a petition. During the proceeding the Government Office of the Capital City of Budapest revoked its unlawful decision and rejected the application in the repeated procedure. Due to this the action was extended to the decision made in the repeated procedure. In its judgment, the court found that the decision of the Government Office of the Capital City of Budapest was unlawful, and therefore annulled it and ordered the authority to conduct a new procedure, stating that in the repeated procedure it should assess the application on the basis of the medical reports submitted by the applicant, and if necessary to clarify the facts, it should appoint a forensic expert. The Government Office of the Capital City of Budapest submitted a review application to the Curia but the Curia upheld the decision therefore the Government Office of the Capital City of Budapest must conduct the repeated procedure. The authority notified the applicant in the repeated procedure to remedy procedural deficiencies. After the deficiencies have been remedied the applicant had to confirm whether he is willing to subject himself to an examination by a committee of forensic experts. The Government Office of the Capital City of Budapest appointed the forensic experts’ committee. The applicant’s examination is done. On the basis of the supporting medical opinion, the Government Office of the Capital City of Budapest has authorised the legal gender recognition.

Pécs Regional Court, Curia

Háttér provided legal representation and provides assistance in the repeated procedure

Legal gender recognition authorised

 

In the second half of 2020, a transgender man had planned to submit a request to the Government Office of the Capital City of Budapest to legally change his gender and name, but due to Section 33 he no longer has the opportunity to do so, so Háttér submitted a constitutional complaint to the Constitutional Court. Read more

Constitutional Court

Háttér provides legal representation 

Declared admissible.

 

In January 2021, a transgender man applied for legal gender recognition, his application was rejected by the Government Office of the Capital City of Budapest. He challenged the decision on the Budapest-Capital Regional Court. The court turned to the Constitutional Court to initiate the examination of the constitutionality of the legal regulations to be applied in the case in progress and initiated that the amendments introduced by Section 33 to be annulled. Read more…

Budapest-Capital Regional Court, Constitutional Court

 

Háttér provides legal representation 

Declared admissible.

 

In March 2020, a transgender man applied for legal gender recognition. His application was transferred by the Government Office of the Capital City of Budapest to the local registrar, who did not adjudicate it within the procedural deadline. Háttér requested the local registrar to decide on the merits or initiate the resolution of the conflict over material competence via court. The Registrar terminated the procedure with reference to Section 33. The applicant did not challenge the decision in an administrative court procedureHowever, since the rejection was not made by the competent body (Government Office of the Capital City of Budapest), Háttér initiated that the notary annul its decision and transfer the application to the Government Office of the Capital City of Budapest. On the basis of the application, the registrar did not annul his previous decision and did not transfer the procedure to the competent body, so Háttér turned to the competent supervisory body to have the decision annulled. In the meantime, the registrar revoked his infringing decision, and in the repeated procedure the Government Office of the Capital City of Budapest rejected the application, therefore the decision was challenged in the Miskolc Regional CourtThe court suspended the administrative court procedure referring to a Constitutional Court proceeding. After its conclusion the proceeding resumed. In its judgment, the court found that the decision of the Government Office of the Capital City of Budapest was unlawful, and therefore annulled it and ordered the authority to conduct a new procedure, stating that in the repeated procedure it should notify the registrar to amend the civil registry within 8 days. The authority notified the applicant in the repeated procedure to remedy procedural deficiencies. After the deficiencies have been remedied the applicant had to confirm whether he is willing to subject himself to an examination by a committee of forensic experts. 

Miskolc Regional Court

Háttér assisted in compiling the petition and other submissions and provides assistance in the repeated procedure

Repeated procedure in progress

 

In 2020, a transgender woman had planned to submit an application to the Government Office of the Capital City of Budapest to legally change her gender and name, but due to Section 33 she no longer has the opportunity to do so, so Háttér turned to the Commissioner for Fundamental Rights to initiate an investigation into Section 33's compliance with the Fundamental Law.

Commissioner for Fundamental Rights

Háttér provides legal representation.

Petition filed.

 

In March 2019, a transgender woman applied for legal gender recognition after her gender and first name was already legally changed in 2017 at her place of residence abroad. Her application was rejected by the Government Office of the Capital City of Budapest on the grounds of a missing expert opinion, therefore the applicant filed a petition with the Budapest-Capital Regional Court to annul the decision of the Government Office of the Capital City of Budapest  and to order to conduct a new procedureThe court suspended the administrative court procedure referring to a Constitutional Court proceeding. In its judgment, the court found that the decision of the Government Office of the Capital City of Budapest was unlawful, and therefore annulled it and ordered the authority to conduct a new procedure, stating that in the repeated procedure it should assess the application on the basis of the medical reports submitted by the applicant, and if necessary to clarify the facts, it should appoint a forensic expert. The Government Office of the Capital City of Budapest submitted a review application to the Curia but the Curia upheld the decision therefore the Government Office of the Capital City of Budapest must conduct the repeated procedure. The authority notified the applicant to remedy procedural deficiencies and also to confirm whether she is willing to subject herself to an examination by a committee of forensic experts.

Budapest-Capital Regional Court, Curia

Háttér provided legal representation and provides assistance in the repeated procedure

Repeated procedure in progress

 

In 2018, an intersex person had submitted an application for legal gender recognition to the Government Office of the Capital City of Budapest, however, her request was rejected in November 2020, citing Section 33. Háttér filed a petition to the Budapest-Capital Regional Court requesting that the court grant legal gender recognition despite Section 33, or submit a petition to the Constitutional Court to review the conformity of Section 33 with the Fundamental Law. In its judgment, the court found that the decision of the Government Office of the Capital City of Budapest was unlawful, and therefore annulled it and ordered the authority to conduct a new procedure, stating that in the repeated procedure it should assess the application on the basis of the medical reports submitted by the applicant, and if necessary to clarify the facts, it should appoint a forensic expert. The Government Office of the Capital City of Budapest in the repeated procedure transferred the application to the local registrar to conduct a preceding procedure on the amendment of the sex at birth data. The registrar rejected the application. The decision has been challenged at the Debrecen Regional Court.

Budapest-Capital Regional Court, Debrecen Regional Court

Háttér provides legal representation and assistance in the repeated procedure

 

Court procedure in progress

 

In June 2018, a transgender man applied for legal gender recognition. His application was transferred by the Government Office of the Capital City of Budapest to the registrar of the place of his birth, who refused to examine on the merits due to a lack of competence. The dispute over jurisdiction was settled by the Curia, and the Government Office of the Capital City of Budapest was appointed to conduct the procedure. The government office rejected the application in November 2020, so Háttér filed a petition to the Budapest-Capital Regional Court requesting that the court grant legal gender recognition despite Section 33, or submit a petition to the Constitutional Court to review the conformity of Section 33 with the Fundamental Law. In its judgment, the court found that the decision of the Government Office of the Capital City of Budapest was unlawful, and therefore annulled it and ordered the authority to conduct a new procedure, stating that in the repeated procedure it should assess the application on the basis of the medical reports submitted by the applicant. The Government Office of the Capital City of Budapest submitted a review application to the Curia but the Curia upheld the decision therefore the Government Office of the Capital City of Budapest must conduct the repeated procedure. According to the Curia, if the decision of the Government Office of the Capital City of Budapest found that the attached medical documents support the applicant's transgender status, it means that the Government Office of the Capital City of Budapest accepted it as a supporting medical opinion, so the recognition of the gender and name cannot be denied. In the repeated procedure the Government Office of the Capital City of Budapest rejected the application, therefore the decision was challenged in the Pécs Regional Court. The Government Office of the Capital City of Budapest revoked its infringing decision based on the petition and initiated a new procedure so the court suspended the proceeding. The authority notified the applicant in the repeated procedure to remedy procedural deficiencies. After the deficiencies have been remedied the applicant had to confirm whether he is willing to subject himself to an examination by a committee of forensic experts.  The Government Office of the Capital City of Budapest appointed the forensic experts’ committee.

Pécs Regional Court

Háttér provides legal representation and assistance in the repeated procedure

Repeated procedure in progress, court procedure suspended

 

 

Due to the changed legal environment in May 2020, he is unable to submit an application to change his gender and name, so Háttér turned to the Commissioner for Fundamental Rights to initiate an investigation into Section 33's compliance with the Fundamental Law.

Commissioner for Fundamental Rights

Háttér provides legal representation.

Petition filed

 

In April 2019, a transgender woman applied for legal gender recognition, but her application was rejected by the Government Office of the Capital City of Budapest in July 2020, citing Section 33. She filed a petition to the Budapest-Capital Regional Court to amend the decision of the Government Office of the Capital City of BudapestThe court suspended the administrative court procedure referring to a Constitutional Court proceeding. After its conclusion the proceeding resumed. In its judgment, the court found that the decision of the Government Office of the Capital City of Budapest was unlawful, and therefore annulled it and ordered the authority to conduct a new procedure, stating that in the repeated procedure it should assess the application on the basis of the medical reports submitted by the applicant, and if necessary to clarify the facts, it should appoint a forensic expert. The authority notified the applicant in the repeated procedure to remedy procedural deficiencies. After the deficiencies have been remedied the applicant had to confirm whether she is willing to subject herself to an examination by a committee of forensic experts. The Government Office of the Capital City of Budapest appointed the forensic experts’ committee. 

Budapest-Capital Regional Court

Háttér assisted in compiling the petition and other submissions and provides assistance in the repeated procedure

Repeated procedure in progress

 

In January 2020, a transgender woman applied for legal gender recognition. Her application was transferred by the Government Office of the Capital City of Budapest to the registrar of the place of her birth, and was rejected by the local registrar in July 2020 with reference to Section 33. After an application was submitted, the registrar revoked the infringing decision,In the repeated procedure the Government Office of the Capital City of Budapest rejected the request therefore the decision was challenged at the Szeged Regional Court. In its judgment, the court found that the decision of the Government Office of the Capital City of Budapest was unlawful, and therefore annulled it and ordered the authority to conduct a new procedure. The Government Office of the Capital City of Budapest submitted a review application to the Curia. The Curia set aside the decision because the court based its judgment on an erroneous interpretation and application of the law. In the new proceeding, the first instance court must rule on the legality of the defendant's decision on the merits. In the new procedure the court found that the decision of the Government Office of the Capital City of Budapest was unlawful, and therefore annulled it and ordered the authority to conduct a new procedure, stating that in the repeated procedure it should assess the application on the basis of the medical reports submitted by the applicant, and if necessary to clarify the facts, it should appoint a forensic expert.

Szeged Regional Court, Curia

Háttér provides legal representation

Repeated procedure in progress

 

In November 2019, a transgender man applied for legal gender recognition. His application was transferred by the Budapest Government Office to the registrar of the place of  his birth, which was rejected by the local registrar in June 2020 with reference to Section 33.  After the application was submitted, the registrar revoked the infringing decision, In the repeated procedure the Government Office of the Capital City of Budapest rejected the application therefore the decision was challenged at the Debrecen Regional Court. In its judgment, the court found that the decision of the Government Office of the Capital City of Budapest was unlawful, and therefore annulled it and ordered the authority to conduct a new procedure, stating that in the repeated procedure it should assess the application on the basis of the medical reports submitted by the applicant, and if necessary to clarify the facts, it should appoint a forensic expert. The Government Office of the Capital City of Budapest submitted a review application to the Curia. The Curia rejected the review application and a new procedure was therefore initiated. The authority notified the applicant to remedy procedural deficiencies. After the deficiencies have been remedied the applicant had to confirm whether he is willing to subject himself to an examination by a committee of forensic experts.

Debrecen Regional Court, Curia

Háttér provided legal representation and provides assistance in the repeated procedure

Repeated procedure in progress

 

In December 2019, a transgender woman applied for legal gender recognition of her gender and name. Her application was transferred by the Government Office of the Capital City of Budapest to the registrar of the place of her birth, which was rejected by the local registrar in June 2020 with reference to Section 33 Háttér appealed to the registrar to annul the rejection based on the decision of the Constitutional Court and to transfer the application to the Government Office of the Capital City of Budapest, which would be competent in conducting the proceedings. The local registrar transferred the application to the Government Office of the Capital City of Budapest where the application was rejected. Háttér filed a petition, on the basis of which the Government Office of the Capital City of Budapest revoked its infringing decision. The Government Office of the Capital City of Budapest suspended the repeated procedure citing ongoing review procedures of the Curia in similar cases. After the conclusion of these proceedings the authority notified the applicant to remedy procedural deficiencies. After the deficiencies have been remedied the applicant had to confirm whether she is willing to subject herself to an examination by a committee of forensic experts.

 

Háttér provided assistance in compiling the application for the registrar and provides assistance in the repeated procedure

 

Repeated procedure in progress

 

In January 2019, a transgender woman applied for legal gender recognition. Her application was transferred by the Government Office of the Capital City of Budapest to the registrar of the place of her birth, and it was rejected by the local registrar in June 2020 with reference to Section 33. An application was submitted to the registrar to revoke the decision but the registrar informed the applicant the decision is lawful and they are not willing to revoke the decision. Háttér initiated an appeal procedure of the supervisory organ but the Government Office of the Capital City of Budapest did not see any reason to start the appeal procedure. Háttér requested the prosecutor to issue a reminder in order to remedy the infringement.

 

Háttér provided assistance in compiling the application for the registrar, the supervisory organ and the prosecutor

Application to the prosecutor filed

 

In March 2020, a transgender man applied for legal gender recognition. His application was transferred by the Government Office of the Capital City of Budapest to the registrar of the place of birth,  and it was rejected by the local registrar in July 2020 with reference to Section 33. After an application was submitted, the registrar revoked the infringing decision. In the repeated procedure the Government Office of the Capital City of Budapest rejected the application therefore the decision was challenged at the Budapest Environs Regional Court. In its judgment, the court found that the decision of the Government Office of the Capital City of Budapest was unlawful, and therefore annulled it and ordered the authority to conduct a new procedure, stating that in the repeated procedure it should assess the application on the basis of the medical reports submitted by the applicant, and if necessary to clarify the facts, it should appoint a forensic expert. The authority notified the applicant in the repeated procedure to remedy procedural deficiencies. After the deficiencies have been remedied the applicant had to confirm whether he is willing to subject himself to an examination by a committee of forensic experts. 

Budapest Environs Regional Court

Háttér provided assistance in compiling the application for the registrar , in the court procedure and provides assistance in the repeated procedure

Repeated procedure in progress

 

In June 2018, a transgender woman applied for legal gender recognition, but due to the failure of the service of the decision she was not informed of the rejection until 2022. As the registrar had no competence to decide on the merit, Háttér requested the prosecutor to issue a reminder in order to remedy the infringement. The prosecutor refused to issue a reminder. 

 

Háttér provided assistance in compiling the application for the Government Office of the Capital City of Budapest, and the prosecutor

Closed, unsuccessful

 

In November 2019, a transgender man applied for legal gender recognition. His application was transferred by the Government Office of the Capital City of Budapest to the registrar of the place of birth, which was rejected by the local registrar in June 2020 with reference to § 33. After an application was submitted, the registrar revoked the infringing decision. In the repeated proceedings, the Government Office of the Capital City of Budapest rejected the application therefore the decision was challenged at the Budapest-Capital Regional Court. In its judgment, the court found that the decision of the Government Office of the Capital City of Budapest was unlawful, and therefore annulled it and ordered the authority to conduct a new procedure, stating that in the repeated procedure it should assess the application on the basis of the medical reports submitted by the applicant, and if necessary to clarify the facts, it should appoint a forensic expert. The authority notified the applicant in the repeated procedure to remedy procedural deficiencies. After the deficiencies have been remedied the applicant had to confirm whether he is willing to subject himself to an examination by a committee of forensic experts. 

Budapest-Capital Regional Court

Háttér provided assistance in compiling the application for the registrar, in the court procedure and provides assistance in the repeated procedure.

Repeated procedure in progress

 

In March 2020, a transgender man applied for legal gender recognition. His application was transferred by the Government Office of the Capital City of Budapest to the registrar of the place of birth, which was rejected by the local registrar in June 2020 with reference to § 33. After an application was submitted, the registrar revoked the infringing decision. Repeated procedure is in progress.

 

Háttér provided assistance in compiling the application for the registrar and provides assistance in the repeated procedure

Repeated procedure in progress

 

In March 2019, a transgender woman applied for legal gender recognition. Her application was transferred by the Government Office of the Capital City of Budapest to the registrar of the place of birth, which was rejected by the local registrar in June 2020 with reference to § 33. After an application was submitted, the registrar revoked the infringing decision. In the repeated procedure the Government Office of the Capital City of Budapest rejected the application therefore the decision was challenged at the Miskolc Regional Court.

Miskolc Regional Court

Háttér provided assistance in compiling the application for the registrar and provides assistance in the court procedure.

Court procedure in progress

 

In July 2019, a transgender woman applied for legal gender recognition. Her application was transferred by the Budapest Government Office to the registrar of the place of birth, which was rejected by the local registrar in June 2020 with reference to § 33. An application was submitted to the registrar to revoke the decision but the registrar was not willing to revoke the decision. Háttér initiated an appeal procedure of the supervisory organ but the Government Office Vas County did not see any reason to start the appeal procedure. Háttér requested the prosecutor to issue a reminder in order to remedy the infringement. The prosecutor issued a reminder but the registrar informed the applicant that they do not agree and the decision won’t be revoked. The prosecutor decided not to take action so an application was submitted to the superior prosecutor. The superior prosecutor did not take action. 

 

Háttér provided assistance in compiling the application for the registrar , the supervisory organ and the prosecutor

Application to the prosecutor unsuccessful

 

In December 2018, a transgender woman applied for legal gender recognition. Her application was transferred by the Government Office of the Capital City of Budapest to the registrar of the place of birth, which was rejected by the local registrar in October 2020 with reference to § 33. After an application was submitted, the registrar revoked the infringing decision. In the repeated proceedings, the Government Office of the Capital City of Budapest rejected the application, therefore the applicant filed a petition, on the basis of which the Government Office of the Capital City of Budapest revoked its infringing decision but suspended the procedure due to ongoing proceedings of the Curia. After the conclusion of these proceedings the authority notified the applicant to remedy procedural deficiencies. After the deficiencies have been remedied the applicant had to confirm whether she is willing to subject herself to an examination by a committee of forensic experts. The Government Office of the Capital City of Budapest appointed the forensic experts’ committee. The applicant’s examination is done. On the basis of the supporting medical opinion, the Government Office of the Capital City of Budapest has authorised the legal gender recognition.

 

Háttér provided assistance in compiling the application for the registrar and provides assistance in the repeated procedure

 

Legal gender recognition authorised

 

In October 2018, a transgender man applied for legal gender recognition, however, no decision has been made on the application. After an inquiry was made, the Government Office of the Capital City of Budapest suspended the procedure due to ongoing proceedings of the Curia. After the conclusion of these proceedings the authority notified the applicant to remedy procedural deficiencies. After the deficiencies have been remedied the applicant had to confirm whether he is willing to subject himself to an examination by a committee of forensic experts.

 

Háttér provided assistance in compiling the application for the Government Office of the Capital City of Budapest and provides assistance in the repeated procedure

Repeated procedure in progress

 

In October 2018, a transgender woman applied for legal gender recognition, but due to the failure of the service of the decision she was not informed of the rejection until 2021. As the registrar had no competence to decide on the merit, the applicant requested the registrar to revoke the unlawful decision.

 

Háttér provided assistance in compiling the application for the registrar

Repeated procedure in progress

 

In November 2018 a transgender woman applied for legal gender recognition, which was rejected by the local registrar in July 2020 with reference to Section 33. After an application was submitted, the registrar revoked the infringing decision. In the repeated procedure the authority suspended the procedure due to ongoing proceedings of the Curia. 

 

Háttér provided assistance in compiling the application for the registrar and provides assistance in the repeated procedure

Repeated procedure suspended

 

In April 2020 a transgender woman applied for legal gender recognition, which was rejected by the local registrar in July 2020 with reference to Section 33.  After an application was submitted, the registrar revoked the infringing decision. In the repeated procedure the Government Office of the Capital City of Budapest rejected the application therefore the applicant filed a petition, on the basis of which the Government Office of the Capital City of Budapest revoked its infringing decision. The Government Office of the Capital City of Budapest suspended the repeated procedure citing ongoing review procedures of the Curia in similar cases. After the conclusion of these proceedings the authority notified the applicant to remedy procedural deficiencies. After the deficiencies have been remedied the applicant had to confirm whether she is willing to subject herself to an examination by a committee of forensic experts.

 

Háttér provided assistance in compiling the application for the registrar and provides assistance in the repeated procedure

Repeated procedure in progress

 

In February 2020 a transgender woman applied for legal gender recognition, which was rejected by the local registrar in June 2020 with reference to Section 33.  After an application was submitted, the registrar revoked the infringing decision. In the repeated procedure the Government Office of the Capital City of Budapest rejected the application therefore the decision was challenged at the Budapest-Capital Regional Court. In its judgment, the court found that the decision of the Government Office of the Capital City of Budapest was unlawful, and therefore annulled it and ordered the authority to conduct a new procedure, stating that in the repeated procedure it should assess the application on the basis of the medical reports submitted by the applicant, and if necessary to clarify the facts, it should appoint a forensic expert. The authority notified the applicant in the repeated procedure to remedy procedural deficiencies. After the deficiencies have been remedied the applicant had to confirm whether she is willing to subject herself to an examination by a committee of forensic experts. 

Budapest-Capital Regional Court

Háttér provided assistance in compiling the application for the registrar , in the court procedure and provides assistance in the repeated procedure

Repeated procedure in progress

 

In October 2018 a transgender woman applied for legal gender recognition, which was rejected by the local registrar in June 2020 with reference to Section 33. After an application was submitted, the registrar revoked the infringing decision. In the repeated proceedings, the Government Office of the Capital City of Budapest rejected the application therefore the decision was challenged at the Budapest Environs Regional Court. In its judgment, the court found that the decision of the Government Office of the Capital City of Budapest was unlawful, and therefore annulled it and ordered the authority to conduct a new procedure, stating that in the repeated procedure it should assess the application on the basis of the medical reports submitted by the applicant, and if necessary to clarify the facts, it should appoint a forensic expert. The authority notified the applicant in the repeated procedure to remedy procedural deficiencies. After the deficiencies have been remedied the applicant had to confirm whether she is willing to subject herself to an examination by a committee of forensic experts. The applicant’s examination is done. On the basis of the supporting medical opinion, the Government Office of the Capital City of Budapest has authorised the legal gender recognition.

Budapest Environs Regional Court

Háttér provided assistance in compiling the application for the registrar, in the court procedure and provides assistance in the repeated procedure

Legal gender recognition authorised

 

In November 2019 a transgender man applied for legal gender recognition, which was rejected by the local registrar in June 2020 with reference to Section 33. The court found that the decision of the registrar was unlawful, as it was within the jurisdiction of the Government Office of the Capital City of Budapest to decide on the matter. In the repeated procedure the Government Office of the Capital City of Budapest rejected the application for gender and name change, therefore the decision was challenged at the Budapest Environs Regional Court.  In its judgment, the court found that the decision of the Government Office of the Capital City of Budapest was unlawful, and therefore annulled it and ordered the authority to conduct a new procedure, stating that in the repeated procedure it should assess the application on the basis of the medical reports submitted by the applicant, and if necessary to clarify the facts, it should appoint a forensic expert. The authority notified the applicant to remedy procedural deficiencies. After the deficiencies have been remedied the applicant had to confirm whether he is willing to subject himself to an examination by a committee of forensic experts.

Budapest Environs Regional Court

Háttér provided assistance in compiling the application for the registrar, in the court procedure and provides assistance in the repeated procedure

Repeated procedure in progress

 

In November 2019 a transgender woman applied for legal gender recognition, which was rejected by the local registrar in June 2020 with reference to Section 33. The court found that the decision of the registrar was unlawful, as it was within the jurisdiction of the Government Office of the Capital City of Budapest to decide on the matter. In the repeated procedure the Government Office of the Capital City of Budapest rejected the request therefore the applicant filed a petition, on the basis of which the Government Office of the Capital City of Budapest revoked its infringing decision but suspended the procedure due to ongoing proceedings of the Curia. The applicant’s examination is done. On the basis of the supporting medical opinion, the Government Office of the Capital City of Budapest has authorised the legal gender recognition.

 

Háttér assisted in compiling the petition and other submissions and provides assistance in the repeated procedure

Legal gender recognition authorised

 

In March 2020 a transgender man applied for legal gender recognition, which was rejected by the local registrar in June 2020 with reference to Section 33. The registrar revoked its decision in June 2021. In the repeated procedure the Government Office of the Capital City of Budapest rejected the application but due to the failure of the service of the decision he was not informed of the rejection until 2022. The applicant submitted a petition and an application for excuse but the court rejected the application. The applicant requested the Government Office of the Capital City of Budapest to revoke the decision, the supervisory organ to annul the decision and the prosecutor to issue a reminder and take action. All of these have been rejected.

 

Háttér assisted in compiling the petition and the application for the Government Office of the Capital City of Budapest, the supervisory organ and the prosecutor

 

Closed, unsuccessful

 

In June 2019 a transgender woman applied for legal gender recognition, which was rejected by the local registrar in September 2019 citing mandatory documents required by the relevant legislation are not present therefore there is no ground of the amendment of the registry. The applicant challenged the decision in the Debrecen Regional Court. The court turned to the Constitutional Court to initiate the examination of the constitutionality of the legal regulations to be applied in the case in progress but the Constitutional Court rejected the petition. The court procedure resumed and the court annulled the decision of the registrar that rejected the legal gender recognition and ordered the registrar to conduct a new procedure. The repeated procedure had to be conducted by the Government Office of the Capital City of Budapest. In the repeated procedure the authority notified the applicant to remedy procedural deficiencies. After the deficiencies have been remedied the applicant had to confirm whether she is willing to subject herself to an examination by a committee of forensic experts.

Debrecen Regional Court

Háttér provided assistance in compiling submissions in the court procedure and provides assistance in the repeated procedure

Repeated procedure in progress

 

In January 2020, a transgender woman applied for legal gender recognition. The application was transferred by the Government Office of the Capital City of Budapest to the local registrar however no decision was made on the application. After an inquiry in 2022 the local registrar transferred the application to the Government Office of the Capital City of Budapest. The authority notified the applicant to remedy procedural deficiencies. After the deficiencies have been remedied the applicant had to confirm whether she is willing to subject herself to an examination by a committee of forensic experts.

 

Háttér provided assistance in compiling the application for the registrar and provides assistance in the repeated procedure

Repeated procedure in progress

 

In March 2020, a transgender woman applied for legal gender recognition. The application was transferred by the Government Office of the Capital City of Budapest to the local registrar. The local registrar made no decision but transferred the application back to the Government Office of the Capital City of Budapest which suspended the procedure due to ongoing proceedings of the Curia. After the conclusion of these proceedings the authority notified the applicant to remedy procedural deficiencies. After the deficiencies have been remedied the applicant had to confirm whether she is willing to subject herself to an examination by a committee of forensic experts.

 

Háttér provides assistance in the procedure of the Government Office of the Capital City of Budapest  

Procedure in progress

 

In September 2018, a transgender woman applied for legal gender recognition. The application was transferred by the Government Office of the Capital City of Budapest to the local registrar however no decision was made on the application. After an inquiry the local registrar transferred the application to the Government Office of the Capital City of Budapest which rejected the application. The applicant requested the Government Office of the Capital City of Budapest to revoke the decision, the supervisory organ to annul the decision and the prosecutor to issue a reminder and take action. The Government Office of the Capital City of Budapest rejected to revoke the decision.

 

Háttér provided assistance in compiling the application for the Government Office of the Capital City of Budapest, the supervisory organ and the prosecutor

Applications filed

 

In July 2018, a transgender woman applied for legal gender recognition, which was rejected by the local registrar in June 2020 with reference to Section 33. The Budapest-Capital Regional Court annulled the decision of the registrar and ordered to conduct a new procedure. In the repeated procedure the Government Office of the Capital City of Budapest rejected the application, therefore the applicant challenged the decision on the Budapest-Capital Regional Court. In its judgment, the court found that the decision of the Government Office of the Capital City of Budapest was unlawful, and therefore annulled it and ordered the authority to conduct a new procedure, stating that in the repeated procedure it should assess the application on the basis of the medical reports submitted by the applicant, and if necessary to clarify the facts, it should appoint a forensic expert. The authority notified the applicant to remedy procedural deficiencies. After the deficiencies have been remedied the applicant had to confirm whether she is willing to subject herself to an examination by a committee of forensic experts.

Miskolc Regional Court, Budapest-Capital Regional Court

Háttér provides assistance in the repeated procedure

 

Repeated procedure in progress

 

A transgender refugee recognised in Hungary applied to have her gender and name corrected in the asylum records and the address register, but her application was rejected by the Ministry of Interior. The decision was challenged in court. The court ruled that the Ministry of the Interior had relieved the competence of the asylum authority and that the National Directorate-General for Aliens Policing should therefore conduct the procedure. In the repeated procedure the asylum authority rejected the application citing that they do not have the competence to correct the data. The applicant challenged the decision in court and also submitted an application to the asylum authority to correct the applicant's data in the asylum register. 

Budapest-Capital Regional Court

Háttér provides legal representation 

Court procedure in progress, application filed

 

In November 2021 a transgender man with a dual citizenship applied to the Government Office of the Capital City of Budapest to have his name amended in the Hungarian registry as it was amended in the non-EU country of his other nationality. In his application he claimed that the Hungarian civil registry does not correspond to the reality as his name has been amended in the country of his other nationality and therefore the Hungarian registry needs to be amended. The Government Office of the Capital City of Budapest rejected the application on the ground that it was contrary to public policy. The decision was challenged in the Budapest-Capital Regional Court, but the court agreed with the reasons given by the Government Office of the Capital City of Budapest in its decision rejecting the application and dismissed the claim. The applicant applied to the Curei to review the court decision but the Curia rejected the review application. As all legal remedies were exhausted, the applicant submitted a constitutional complaint to the Constitutional Court.

Budapest-Capital Regional Court, Curia, Constitutional Court

Háttér provides legal representation 

Constitutional complaint submitted

 

A transgender woman with dual citizenship is initiating the procedure to amend her name and gender in the Hungarian registry as it was amended in the country of her other nationality and her habitual residence as well.

 

Háttér provides representation

Translation in progress

 

 

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