Transgender EuroStudy â Legal Survey and Focus ... - ILGA Europe
Transgender EuroStudy â Legal Survey and Focus ... - ILGA Europe
Transgender EuroStudy â Legal Survey and Focus ... - ILGA Europe
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35 April 2008<br />
related care. It is therefore the case that flexible, patient-centred approaches are needed <strong>and</strong><br />
necessary to successfully treat the members of this diverse group. Without better coordination <strong>and</strong><br />
support within each healthcare system, even practitioners with the best intentions may not know<br />
what specific treatments are available for trans people or how to plan the best way forward.<br />
The challenge of creating <strong>Europe</strong>an-wide transgender <strong>and</strong> transsexual healthcare policy that<br />
will work towards fairness can be met in a variety of ways. Though the limited role of the EU in creating<br />
healthcare policies within the Member States may hinder its ability to completely coordinate services<br />
provided within national borders, it can make use of the power of directives <strong>and</strong> take a leading role in<br />
promoting equality <strong>and</strong> justice for this marginalised group. As an example of how this has been done<br />
previously with regard to transsexuals, we can look at the work of the Council of <strong>Europe</strong>’s<br />
Parliamentary Assembly, who used their power to recommend changes in legislation to Member<br />
States. The recommendations that they made, at least affirmed the importance of recognising<br />
transsexuals’ legal status in accordance with the case law of the <strong>Europe</strong>an Commission of Human<br />
Rights <strong>and</strong> the <strong>Europe</strong>an Court of Human Rights (Parliamentary Assembly, 1989). Unfortunately, the<br />
call from the Parliament was too advanced for Member States who could not conceive of trans people,<br />
(normatively understood as mentally ill), as a group needing protection from discrimination <strong>and</strong> there<br />
was virtually no response to it.