Systematic violations of trans refugees’ digital identity rights
Urgence Homophobie is preparing strategic litigation to challenge systematic violations of trans refugees’ digital identity rights in France. According to Urgence Homophobie, in a context of full administrative digitalisation creating barriers for all refugees (dysfunctional platforms, digital exclusion, partial legislative frameworks), trans refugees face amplified discrimination. With partial legislation on digital procedures, GDPR emerges as an important legal lever—rarely used in immigration litigation.
Urgence Homophobie’s research will look at how the GDPR can be used as a legal lever to systematically unlock access for trans refugees to their lived gender identity within the French administrative ecosystem.
Systematic violations of trans refugees' digital identity rights
Organisation Name
Urgence Homophobie
Country/Jurisdiction
France
Amount Granted
EUR 21,211
Current Status
Ongoing
Image credit: Ian Taylor on Unsplash
Grant type
Pre-litigation Research Support
Description
Urgence Homophobie is preparing strategic litigation to challenge systematic violations of trans refugees’ digital identity rights in France. According to Urgence Homophobie, in a context of full administrative digitalisation creating barriers for all refugees (dysfunctional platforms, digital exclusion, partial legislative frameworks), trans refugees face amplified discrimination. With partial legislation on digital procedures, GDPR emerges as an important legal lever—rarely used in immigration litigation.
Urgence Homophobie’s research will look at how the GDPR can be used as a legal lever to systematically unlock access for trans refugees to their lived gender identity within the French administrative ecosystem.
The Deldit ruling of the CJEU and Article 16 of the GDPR offer a new unexplored legal framework: the right to rectification “without delay” of inaccurate personal data. The research aims to demonstrate that assigned gender identity at birth constitutes, for a trans person, personal data that is intrinsically inaccurate under the GDPR.
"in a context of full administrative digitalisation creating barriers for all refugees (dysfunctional platforms, digital exclusion, partial legislative frameworks), trans refugees face amplified discrimination"
Strategic Goal
To demonstrate that assigned gender identity at birth constitutes, for a trans person, personal data that is intrinsically inaccurate under the GDPR, in order to enable their fundamental rights and stop administrative discrimination.
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