LEGAL GENDER RECOGNITION IN EUROPE

16th Annual Conference ILGA-Europe Dublin Ireland, 19th Oct 2012

OVERVIEW RECENT DEVELOPMENTS

• NGO coalition working on removal of sterilization requirementBelgium• Oct ‘12: debate in Parliament. publishing of name change and

change of name/ gender on birth certificates removed. Clear definition of procedures still missing. Croatia

• 2011: reform lead to stricter access requirements to gender recognition, commission with questionable compositionCzech Republic

• Spring ‘12: announcement forming a working group on legal reform, particularly to look into infertility requirement. So far nothing happened.Finland

• 1st draft law expected: change from court to administrative procedure upon declaration with two testimonies at city hall (similar to wedding)France

• Summer ‘12: Reform paper on German Transsexual LawGermany• June ‘12: Adoption of Gender Recognition Legislation. No

sterilization requirement, still very medicalized. Creation of a gender expert team.Iceland

• Never-ending story… -> see Broden’s presentation Ireland• March ’12: 30th anniversary of Law 164, civil society calling for a

reform and better protection in employment and other spheres. Law still requires sterilization.Italy

• Summer ’12: discussion on Legal Proposal (Dec ’10) foreseeing move from court to administrative procedure, drop single-status requirementMalta

• May ’12: Court of Appeal Chisinau: sterilization not a requirement for LGR, ‘transsexualism’ diagnosis is sufficient. (key argument: too expensive)Moldova

• Autumn 12: at Parliament. Removal of Sterilisation requirement, administrative procedure; requirement of an “expert” in “gender dysphoria”. Planned introduction: Summer 2013

Netherlands• Nov/11: creation of legal gender recognition announced by

Justice Ministry; May ‘12: "Gender Accordance Act" proposal submitted to Polish parliamentPoland

• Autumn ’12: political reform in drafting, expected in the coming weeks for debate. planned introduction: 01 July 2013. Court of Appeal on sterility requirementSweden

• Regional Courts in Zurich (Feb/11) , Bern (June/12), Jura (Sept/12): proof of sterility may not be demanded; supported by legal advice of the Federal Office of Civil Status (Feb/12)Switzerland

• Sept 2011: Order of Ministry of Health – remove proof of suicidal tendencies; reduced age from 25 > 18 yearsUkraine

CHECKLISTLegal Gender Recognition

Levels: Administration Requirements

Explicit and implicit Scope

Administrative Question

Existance of legal procedure Is there a possibility to legally change

documents?Existance of

procedure/court decisions Is it clearly established which institution (or

other actors) deal with the process?

Name change

Is a change of name for trans people possible?Are procedures quick, transparent and accessible? Is it independently from gender marker change?

Legal gender recognition

Is it possible to legally change the registered gender? If yes, are procedures quick, transparent and accessible?

No procedure Is a clear procedure (implementation) foreseen?

Requirements I

GID diagnosis/medical

opinion

It is required implicitly or explicitly to obtain a medical opinion (This might also include physical examinations (Hormones, Chromosomes, blood-work, brain x-ray)).

No compulsory surgical

interventions

Surgical interventions are neither explicit requirement in gender recognition legislation nor implicit/ explicit for obtaining a mandatory diagnosis.

Compulsory sterilisation Is it required (explicitly or implicitly) to prove

sterility or infertility?

Surgical/medical interventions

Is invasive surgery, such as chest re-construction, sterilisation, genital surgery or hormonal treatment explicitly or implicitly required?

Requirements II

Real-Life-Experience Is it required to proof that (for a certain period of time) the applicant has lived in the preferred gender?

Compulsory Divorce

Is it possible to stay within a marriage for changing name/ gender? If not, are there alternatives, such as registered partnership, available securing the same level of rights?

Age Restrictions

Are minors or persons above a certain age excluded from access to the law? Is there indirect exclusion through age restrictions for medical requirements?

Scope of Law I

Full Legal Capacity Upon a decision can one access all rights associated with the confirmed gender, e.g. Right to marry (as defined in the country)?

Disclosure Ban

Are entries in birth certificates and national registries changed without a trace? (or just amended?)Is an automatic protection against disclosure foreseen, so that no third party (without legitimate interest) can find out that a legal gender recognition took place? Check also implementation and relevant data protection measures that might lead to a violation of privacy.

Scope of Law II

Extends to State and Non-state Actors

Are established procedures authorative towards state and non-state actors to ensure change of documents such as drivers license, social security documents, bank accounts reflecting the recognized gender? Does this also extend towards retroactively changing educational or employment certificates?

Legal Parent - Child Relationship

Does a decision would have bearing on the legal relationship between applicant and their parents, children or descendants of children?

Pensions And Similar Recurrent Payments

Upon a decision is it possible to access pension schemes according to the recognized gender?

Keep in mind- Implementation is the real checklist - Legal Gender Recognition is usually still based

on Gener Binary

Comments? additional Questions?

Information Rescources

www.tgeu.org

www.Facebook.com/TransRightsEurope Trans-info-europe@lists.tgeu.org

www.transrespect-transphobia.org

Richard@tgeu.orgThank you!