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Alexander Schuster

LGBTI people migrate alone and with their family members. EU law and ECHR law both protect family life and proscribe discrimination based on sexual orientation. The chapter deals first with the horizontal dimension of families and considers how same gender couples enjoy reunification rights under Article 8 ECHR and under EU law, with special regard being given to Directive 2004/38. Judgments such as Oliari, Pajic and Coman provide a first step towards a guarantee for ‘a normal family life’ for rainbow families moving across European borders. The focus then moves on to the protection of children migrating with their same gender parents and highlights the relevance of their dependency on legal or de facto parents and that of the best interests principle. Finally, freedom of movement is viewed from the perspective of trans and intersex persons, arguing that ECtHR case law sets standards that EU Member States must consider when dealing with changes occurring elsewhere in one’s legal gender, including emerging nonbinary gender markers.