8/11/22, 9:16 AM CURIA - Documents 49 In addition, since Article 24 of the Charter, as the Explanations relating to the Charter of Fundamental Rights (OJ 2007 C 303, p. 17) note, represents the integration into EU law of the principal rights of the child referred to in the Convention on the Rights of the Child, which has been ratified by all the Member States, it is necessary, when interpreting that article, to take due account of the provisions of that convention (judgment of 14 December 2021, Stolichna obshtina, rayon ‘Pancharevo’, C‑490/20, EU:C:2021:1008, paragraph 63 and the case-law cited). 50 In particular, Article 2 of that convention establishes, for the child concerned, the principle of nondiscrimination, which requires that the rights set forth in that convention, which include, in Article 7 thereof, the right to be registered immediately after birth, the right to a name and the right to acquire a nationality, be ensured in respect of that child without there being discrimination against the child in that regard, including discrimination on the basis of her parents’ sexual orientation. 51 In those circumstances, it would be contrary to the fundamental rights which are guaranteed to that child under Articles 7 and 24 of the Charter for her to be deprived of the relationship with one of her parents when exercising her right to move and reside freely within the territory of the Member States or for her exercise of that right to be made impossible or excessively difficult in practice on the ground that her parents are of the same sex (judgment of 14 December 2021, Stolichna obshtina, rayon ‘Pancharevo’, C‑490/20, EU:C:2021:1008, paragraph 65). 52 Having regard to all of the foregoing, the answer to the question referred is that Articles 20 and 21 TFEU, read in conjunction with Articles 7 and 24 of the Charter and Article 4(3) of Directive 2004/38, must be interpreted as meaning that, in the case of a minor child who is a citizen of the Union and whose birth certificate, issued by the authorities of a Member State, designates as that child’s parents two persons of the same sex, the Member State of which that child is a national (i) is obliged to issue to that child an identity card or a passport without requiring the prior transcription of a birth certificate of that child into the national register of civil status, and (ii) is obliged to recognise, as is any other Member State, the document from another Member State that permits that child to exercise without impediment, with each of those two persons, his or her right to move and reside freely within the territory of the Member States. Costs 53 Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the national court, the decision on costs is a matter for that court. On those grounds, the Court (Tenth Chamber) hereby orders: Articles 20 and 21 TFEU, read in conjunction with Articles 7 and 24 of the Charter of Fundamental Rights of the European Union and Article 4(3) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC, must be interpreted as meaning that, in the case of a minor child who is a citizen of the Union and whose birth certificate, issued by the authorities of a Member State, designates as that child’s parents two persons of the same sex, the Member State of which that child is a national (i) is obliged to issue to that child an identity card or a passport without requiring the prior transcription of a birth certificate of that child into the national register of civil status, and (ii) is obliged to recognise, as is any other Member State, the document from another Member State that permits that same child to exercise without impediment, with each of those two persons, his or her right to move and reside freely within the territory of the Member States. [Signatures] https://curia.europa.eu/juris/document/document_print.jsf?mode=DOC&pageIndex=0&docid=262081&part=1&doclang=EN&text=&dir=&occ=first… 8/9