The Social Security Rights of Transsexuals Under EU Law and the European Convention on Human Rights

Abstract

The rights of transsexuals have gained important recognition in recent decisions by the European Court of Justice and the European Court of Human Rights. Yet important conceptual issues remained to be clarified as to the precise implications of these decisions for the rights of transsexuals in areas such as social security and pensions entitlement. This article examines two important recent decisions which further develop the Courts'' caselaw. These cases also highlight the developing - and largely complementary - relationship between the two legal orders.