[Germany] Rules to ease way for legal changes of gender proposed

[Germany] Rules to ease way for legal changes of gender proposed
09 May 2023

On May 9, the German government presented a proposal for a law making it easier for people to legally change their name and gender, putting an end to decades-old rules requiring expert assessments and a court’s authorisation, WOKV reports.

Under the proposed “self-determination law,” adults would be able to change their first name and legal gender at registry offices with no requirement for further formalities.

Lisa Paus - Germany’s minister for families - said, “We have taken another big step forward with the self-determination act and with it also in the protection against discrimination and the rights of transgender, intersex and nonbinary people.

“This way we can give back some of the dignity to those who have been deprived of it for decades.”

The country’s existing “transsexual law” reportedly came into effect in 1981. It requires individuals to obtain assessments from two experts - such as doctors - whose training and experience make them “sufficiently familiar with the particular problems of transsexualism” and a subsequent court decision to change the gender on official documents.

In the years since, Germany’s highest court has struck down other provisions of the law that required transgender people to get divorced and sterilised and to undergo gender-transition surgery.

"Transgender people have been affected by discrimination and undignified treatment for far too long - we will finally put this condition behind us,” Justice Minister Marco Buschmann - who presented the proposal together with the family minister - said.

The new government proposal reportedly states that legal guardians have to submit the declaration of change for children under the age of 14. Teenagers aged 14 and older should be able to submit the declaration of change themselves, however, it should include the support of their custodians.

The German government isn't alone in trying to make gender changes easier in Europe.

Earlier this year, Spain passed a law allowing people over 16 years of age to change their legally registered gender without any medical supervision.

Minors between 12-13 years old reportedly need a judge’s authorisation to make the change, while those between 14 and 16 must be accompanied by their parents or legal guardians.

On May 9, Spain's Constitutional Court announced that it will consider a legal challenge lodged by the far-right Vox party against the new law.

In Scotland, First Minister Humza Yousaf said in April that he intends to challenge the British government over its decision to block a law making it easier for people to change their gender on official documents.

The passage of Scotland's bill in December was praised by transgender rights activists but vetoed by the British government, which argued it could undermine UK-wide equality legislation guaranteeing women and girls access to single-sex spaces such as changing rooms and shelters.

If imposed, the bill would allow people aged 16 or older in Scotland to change the gender designation on identity documents by self-declaration, removing the existing need for a medical diagnosis of gender dysphoria. In addition, it would reportedly accelerate legal recognition of the change from two years to three months for adults and to six months for people aged 16 and 17.


Source: WOKV

(Links and quotes via original reporting)

On May 9, the German government presented a proposal for a law making it easier for people to legally change their name and gender, putting an end to decades-old rules requiring expert assessments and a court’s authorisation, WOKV reports.

Under the proposed “self-determination law,” adults would be able to change their first name and legal gender at registry offices with no requirement for further formalities.

Lisa Paus - Germany’s minister for families - said, “We have taken another big step forward with the self-determination act and with it also in the protection against discrimination and the rights of transgender, intersex and nonbinary people.

“This way we can give back some of the dignity to those who have been deprived of it for decades.”

The country’s existing “transsexual law” reportedly came into effect in 1981. It requires individuals to obtain assessments from two experts - such as doctors - whose training and experience make them “sufficiently familiar with the particular problems of transsexualism” and a subsequent court decision to change the gender on official documents.

In the years since, Germany’s highest court has struck down other provisions of the law that required transgender people to get divorced and sterilised and to undergo gender-transition surgery.

"Transgender people have been affected by discrimination and undignified treatment for far too long - we will finally put this condition behind us,” Justice Minister Marco Buschmann - who presented the proposal together with the family minister - said.

The new government proposal reportedly states that legal guardians have to submit the declaration of change for children under the age of 14. Teenagers aged 14 and older should be able to submit the declaration of change themselves, however, it should include the support of their custodians.

The German government isn't alone in trying to make gender changes easier in Europe.

Earlier this year, Spain passed a law allowing people over 16 years of age to change their legally registered gender without any medical supervision.

Minors between 12-13 years old reportedly need a judge’s authorisation to make the change, while those between 14 and 16 must be accompanied by their parents or legal guardians.

On May 9, Spain's Constitutional Court announced that it will consider a legal challenge lodged by the far-right Vox party against the new law.

In Scotland, First Minister Humza Yousaf said in April that he intends to challenge the British government over its decision to block a law making it easier for people to change their gender on official documents.

The passage of Scotland's bill in December was praised by transgender rights activists but vetoed by the British government, which argued it could undermine UK-wide equality legislation guaranteeing women and girls access to single-sex spaces such as changing rooms and shelters.

If imposed, the bill would allow people aged 16 or older in Scotland to change the gender designation on identity documents by self-declaration, removing the existing need for a medical diagnosis of gender dysphoria. In addition, it would reportedly accelerate legal recognition of the change from two years to three months for adults and to six months for people aged 16 and 17.


Source: WOKV

(Links and quotes via original reporting)

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