OC-18/03, Juridical Condition and Rights of Undocumented Migrants, IACtHR, Series A No. 18, 16/09/2003

Deprivation of the enjoyment and exercise of certain labour rights of migrant workers incompatible with obligation to respect and ensure the principles of legal equality, non-discrimination and the equal and effective protection of the law - Attention to all the areas of discriminatory human behaviour, including sexual orientation

Dissenting / Concurring: Cançado Trindade / García Ramírez / Hernán Salgado Pesantes / Abreu-Burelli

C-13/94, CJEU, 30/04/1996

Article 5(1) of the Directive 76/207/EEC precludes dismissal of a transsexual for a reason related to a gender reassignment – Intention to undergo gender reassignment, surgery to give the physical attributes of a woman – Discrimination is based, essentially if not exclusively, on the sex of the person concerned 

Judge Rapporteur: P. J. G. Kapteyn