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

Article 33. Legal gender recognition (2020-)

On May 29, 2020, the Act no. XXX of 2020 entered into force. Its Article 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 [kukac] hatter [pont] hu attaching the official decision!

 

Description of the case Legal forum Our role in the proceedings Status Expected developments
 

In 2016 a transgender man recognized as a refugee in Hungary requested the legal 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 We provide 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  - 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. Read more... 

Constitutional Court We filed an amicus curiae brief to the Court. Registered.   

Deadline for substantive decision: 8 June 2020 (in delay)

 

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

Constitutional Court We plan to submit an amicus curiae brief to the court  

Registered, awaiting decision on admissibility

Deadline for admissibility decision: 1 October 2020
 

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

Constitutional Court  

We plan to submit an amicus curiae brief to the court.

Registered, awaiting decision on admissibility Deadline for admissibility decision: 1 October 2020
 

A transgender woman, whose application for legal gender recognition had already been accepted, turned to the Constitutional Court arguing that due to Article 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 We plan to submit an amicus curiae brief to the court. Registered, awaiting decision on admissibility. Deadline for admissibility: 29 October 2020. 
Six transgender persons turned to the Constitutional Court who had submitted legal gender recognition requests, but those requests had not been processed before the entering into force of Article 33. Constitutional Court We plan to submit an amicus curiae brief to the court. Registered, awaiting decision on admissibility. Deadline for admissibility: 29 October 2020.

In March 2019 a transgender man had 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. We argue in the case that legal gender recognition should be granted notwithstanding the entry into force of Article 33, which has only entered into force after the request had been submitted, or alternatively that the Curia shall suspend the case and request the Constitutional Court to review the constitutionality of Article 33. 

Curia We provide legal representation. Admitted.  
In August 2019, a transgender man had applied for legal gender recognition, which was rejected by the local registrar in June 2020 with reference toArticle 33. We argue in the case that legal gender recognition should be granted notwithstanding the entry into force of Article 33, or alternatively that the Budapest Court of Appeal shall suspend the case and request the Constitutional Court to review the constitutionality of Article 33. Budapest Court of Appeal We assisted in compiling the petition. Lawsuit in action  

In April 2019, a transgender man had applied for legal gender recognition, which was rejected by the local registrar in June 2020 with reference to  Article 33. We argue in the case that legal gender recognition should be granted notwithstanding the entry into force of Article 33, or alternatively that the Győrt Court of Appeal shall suspend the case and request the Constitutional Court to review the constitutionality of Article 33.

Győr Court of Appeal We assisted in compiling the petition. Lawsuit in action  

In March 2019, a transgender man applied for legal gender recognition, which was rejected by the local registrar in June 2020 with reference to Article 33. We argue in the case that legal gender recognition should be granted notwithstanding the entry into force of Article 33, or alternatively that the Debrecen Court of Appeal shall suspend the case and request the Constitutional Court to review the constitutionality of Article 33.

Debrecen Court of Appeal We assisted in compiling the petition. Petition filed.  
 

In July 2019 a transgender man applied for legal recognition, which was rejected by the local registrar in June 2020 with reference to Article 33. We argue in the case that legal gender recognition should be granted notwithstanding the entry into force of Article 33, or alternatively, that the Debrecen Court of Appeal shall suspend the case and request the Constitutional Court to review the constitutionality of Article 33. 

Debrecen Court of Appeal We assisted in compiling the petition. Petition filed.  
 

In May 2019 a transgender man applied for legal recognition, which was rejected by the local registrar in June 2020 with reference to Article 33. We argue in the case that legal gender recognition should be granted notwithstanding the entry into force of Article 33, or alternatively, that the Budapest Court of Appeal shall suspend the case and request the Constitutional Court to review the constitutionality of Article 33. 

Budapest Court of Appeal We assisted in compiling the petition. Petition filed.  
 

In February 2020 a transgender man applied for legal 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 Budapest Government Office. We request in the case that the court follows existing case law and orders the appropriate authority to accept the medical opinions provided.   

Budapest Court of Appeal We assisted in compiling the petition. Lawsuit in action.  
 

In December 2019 a transgender man applied for legal recognition, which was rejected by the local registrar in June 2020 with reference to Article 33, and not having received supportive medical opinion or a notification of the change of gender from the Budapest Government Office. We argue in the case that legal gender recognition should be granted notwithstanding the entry into force of Article 33, or alternatively, that the Budapest Court of Appeal shall suspend the case and request the Constitutional Court to review the constitutionality of Article 33. 

Budapest Court of Appeal We assisted in compiling the petition. Lawsuit in action.  
 

In July 2019 a transgender woman had applied for legal recognition, which was rejected by the local registrar in June 2020 with reference to Article 33, and not having received supportive medical opinion or a notification of the change of gender from the Budapest Government Office. We argue in the case that legal gender recognition should be granted notwithstanding the entry into force of Article 33, or alternatively, that the Budapest Court of Appeal shall suspend the case and request the Constitutional Court to review the constitutionality of Article 33. 

Budapest Court of Appeal We assisted in compiling the petition. Petition filed.  
 

In January 2020 a transgender man had applied for legal recognition, which was rejected by the local registrar in June 2020 with reference to Article 33, and not having received supportive medical opinion or a notification of the change of gender from the Budapest Government Office. We argue in the case that legal gender recognition should be granted notwithstanding the entry into force of Article 33, or alternatively, that the Budapest Court of Appeal shall suspend the case and request the Constitutional Court to review the constitutionality of Article 33. 

Budapest Court of Appeal We assisted in compiling the petition. Petition filed.  
 

In January 2020 a transgender man had applied for legal recognition, which was rejected by the local registrar in June 2020 with reference to Article 33. We argue in the case that legal gender recognition should be granted notwithstanding the entry into force of Article 33, or alternatively, that the Miskolc Court of Appeal shall suspend the case and request the Constitutional Court to review the constitutionality of Article 33. 

Miskolc Court of Appeal We assisted in compiling the petition. Lawsuit in action.  
 

In July 2019 a transgender man had applied for legal recognition, which was rejected by the local registrar in June 2020 with reference to Article 33. We argue in the case that legal gender recognition should be granted notwithstanding the entry into force of Article 33, or alternatively, that the Győr Court of Appeal shall suspend the case and request the Constitutional Court to review the constitutionality of Article 33. 

Győr Court of Appeal We assisted in compiling of the case.  Lawsuit in action.  

In July 2019 a transgender man had applied for legal recognition, which was rejected by the local registrar in June 2020 with reference to Article 33, and not having received supportive medical opinion or a notification of the change of gender from the Budapest Government Office. We argue in the case that legal gender recognition should be granted notwithstanding the entry into force of Article 33, or alternatively, that the Budapest Court of Appeal shall suspend the case and request the Constitutional Court to review the constitutionality of Article 33. 

Budapest Court of Appeal We assisted in compiling the petition. Lawsuit in action.  

In November 2019 a transgender man had applied for legal recognition, which was rejected by the local registrar in June 2020 with reference to Article 33, and not having received supportive medical opinion or a notification of the change of gender from the Budapest Government Office. We argue in the case that legal gender recognition should be granted notwithstanding the entry into force of Article 33, or alternatively, that the Budapest Court of Appeal shall suspend the case and request the Constitutional Court to review the constitutionality of Article 33. 

Budapest Court of Appeal We assisted in compiling the petition. Lawsuit in action.  

In April 2019 a transgender woman had applied for legal recognition, which was rejected by the local registrar in June 2020 with reference to Article 33, and not having received supportive medical opinion or a notification of the change of gender from the Budapest Government Office. We argue in the case that legal gender recognition should be granted notwithstanding the entry into force of Article 33, or alternatively, that the Budapest Court of Appeal shall suspend the case and request the Constitutional Court to review the constitutionality of Article 33. 

Budapest Court of Appeal We provide legal representation. Petition filed.   

In December 2019 a transgender woman had applied for legal recognition, which was rejected by the local registrar in July 2020 with reference to Article 33, and not having received supportive medical opinion or a notification of the change of gender from the Budapest Government Office. We argue in the case that legal gender recognition should be granted notwithstanding the entry into force of Article 33, or alternatively, that the Szeged Court of Appeal shall suspend the case and request the Constitutional Court to review the constitutionality of Article 33. 

Szeged Court of Appeal We assisted in compiling the petition. Petition filed.   

In November 2019 a transgender man had applied for legal recognition, which was rejected by the local registrar in June 2020 with reference to Article 33. We argue in the case that legal gender recognition should be granted notwithstanding the entry into force of Article 33, or alternatively, that the Budapest Court of Appeal shall suspend the case and request the Constitutional Court to review the constitutionality of Article 33. 

Budapest Court of Appeal We assisted in compiling the petition. Petition filed.   

In January 2020 a transgender woman had applied for legal recognition, which was rejected by the local registrar in July 2020 with reference to Article 33. We argue in the case that legal gender recognition should be granted notwithstanding the entry into force of Article 33, or alternatively, that the Győr Court of Appeal shall suspend the case and request the Constitutional Court to review the constitutionality of Article 33. 

Győr Court of Appeal We assisted in compiling the petition.  Lawsuit in action.   

In March 2020 a transgender woman had applied for legal recognition, which was rejected by the local registrar in July 2020 with reference to Article 33. We argue in the case that legal gender recognition should be granted notwithstanding the entry into force of Article 33, or alternatively, that the Budapest Court of Appeal shall suspend the case and request the Constitutional Court to review the constitutionality of Article 33. 

Budapest Court of Office We assisted in compiling the petition. Petition filed.   

In May 2019 a transgender man had applied for legal recognition, which was rejected by the local registrar in July 2020 with reference to Article 33, and not having received supportive medical opinion or a notification of the change of gender from the Budapest Government Office. We argue in the case that legal gender recognition should be granted notwithstanding the entry into force of Article 33, or alternatively, that the Szeged Court of Appeal shall suspend the case and request the Constitutional Court to review the constitutionality of Article 33. 

Budapest Court of Appeal We assisted in compiling the petition. Lawsuit in action.  

In December 2019 a transgender woman had applied for legal recognition, which was rejected by the local registrar in June 2020 with reference to Article 33. We argue in the case that legal gender recognition should be granted notwithstanding the entry into force of Article 33, or alternatively, that the Pécs Court of Appeal shall suspend the case and request the Constitutional Court to review the constitutionality of Article 33. 

Pécs Court of Appeal We assisted in compiling the petition. Lawsuit in action.  

In April 2019 a transgender man had applied for legal recognition, which was rejected by the local registrar in June 2020 with reference to Article 33. We argue in the case that legal gender recognition should be granted notwithstanding the entry into force of Article 33, or alternatively, that the Miskolc Court of Appeal shall suspend the case and request the Constitutional Court to review the constitutionality of Article 33. 

Miskolc Court of Appeal We assisted in compiling the petition. Lawsuit in action.  

In February 2020 a transgender man had applied for legal recognition, which was rejected by the local registrar in June 2020 with reference to Article 33. We argue in the case that legal gender recognition should be granted notwithstanding the entry into force of Article 33, or alternatively, that the Szeged Court of Appeal shall suspend the case and request the Constitutional Court to review the constitutionality of Article 33. 

Budapest Court of Appeal We assisted in compiling the petition. Petition filed.   

In March 2019 a transgender man had applied for legal recognition, which was rejected by the local registrar in June 2020 with reference to Article 33. We argue in the case that legal gender recognition should be granted notwithstanding the entry into force of Article 33, or alternatively, that the Debrecen Court of Appeal shall suspend the case and request the Constitutional Court to review the constitutionality of Article 33. 

Debrecen Court of Appeal We assisted in compiling the petition. Lawsuit in action.  

In March 2019 a transgender man had applied for legal recognition, which was rejected by Budapest Government Office, claiming that they have not received a notification of the name chenge. We argue in the case that legal gender recognition should be granted notwithstanding the entry into force of Article 33, or alternatively, that the Budapest Court of Appeal shall suspend the case and request the Constitutional Court to review the constitutionality of Article 33. 

Budapest Court of Appeal We assisted in compiling the petition. Petition filed.  

In May 2020 a transgender man had applied for legal recognition, which was rejected by the local registrar in July 2020 with reference to Article 33, and not having received supportive medical opinion or a notification of the change of gender from the Budapest Government Office. We argue in the case that legal gender recognition should be granted notwithstanding the entry into force of Article 33, or alternatively, that the Veszprém Court of Appeal shall suspend the case and request the Constitutional Court to review the constitutionality of Article 33. 

Veszprém Court of Appeal We assisted in compiling the petition. Lawsuit in action.  

In February 2019 a transgender man had applied for legal recognition, which was rejected by the local registrar in June 2020 with reference to Article 33. We argue in the case that legal gender recognition should be granted notwithstanding the entry into force of Article 33, or alternatively, that the Győr Court of Appeal shall suspend the case and request the Constitutional Court to review the constitutionality of Article 33. 

Győr Court of Appeal We assisted in compiling the petition. Lawsuit in action.  

In November 2019 a transgender woman had applied for legal recognition, which was rejected by the local registrar in July 2020 with reference to Article 33. We argue in the case that legal gender recognition should be granted notwithstanding the entry into force of Article 33, or alternatively, that the Miskolc Court of Appeal shall suspend the case and request the Constitutional Court to review the constitutionality of Article 33. 

Miskolc Court of Appeal We assisted in compiling the petition. Petition filed.   

In April 2019 a transgender man had applied for legal recognition, which was forwarded by the Budapest Government Office to the local registrar, who refuses to evaluate the request, claiming that they have no jurisdiction in the matter. In the proceedings we petition that they local registar shall evaluate the request or initiate the resolution of the jurisdiction debate via court. 

- We assisted in compiling the petition.  Petition filed.   

 

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