The resulting conclusions on the prohibition of discrimination against trans* people, deriving from the Basic Law also arise at the European Level, if Art. 3 para 3 sentence 1 GG is interpreted conformably with European law, that is to say, at the level of the European Council and the European Union.

At the level of the European Council, Art. 14 of the European Convention on Human Rights (ECHR) is decisive. It states that the rights and freedoms without discrimination recognised by the ECHR must be guaranteed, especially on the ground of gender/sex. Several judgments of the European Court of Human Rights also refer to Art. 8 para. 1 ECHR to legally prohibit discrimination against trans*
people, as this article guarantees every person the right to respect their private and family life.

At the level of the European Union, Art. 21 of the Charter of Fundamental Rights of the European Union prohibits the discrimination on the grounds of gender/sex. The European Convention on Human Rights (European Council) and the EU Charter of Fundamental Rights only use the word ‘gender’ and, therefore, do not refers to a binary gender system.