The Bundestag, Germany’s parliament, recently passed the Self-Determination Act, facilitating transgender and non-binary citizens to amend the gender marker on their legal documents via self-identification.
The existing legislation, the Transsexuals Act, stipulates the legal prerequisites for gender identity alteration on legal paperwork. As per Section 8 of this act, a transsexual individual can be legally designated the opposite sex if permanently incapable of reproduction and if they have experienced surgery that transforms their external sexual attributes. This obligation lies alongside the necessity of the trans individual to provide a local court with two expert reports asserting a high likelihood that the applicant will not relinquish their chosen gender identity.
A 2017 report by the German government indicated that acquiring these reports often involved the disclosure of nonessential details from one’s adolescence and sexual history. Furthermore, the report uncovered that this legal procedure could span over 20 months and accrue a cost averaging around 1900 euros.
The Self-Determination Act aims to alleviate these requirements, simplifying the process of modifying gender designation. People who identify as transgender, intersex, or non-binary will be able to change their gender marker through submitting an ‘Erklärung mit Eigenversicherung,’ a declaration with self-insurance, asserting that their chosen gender marker or the removal of said gender marker best represents their gender identity.
Besides, the new Act outlines an added requirement for minors wanting to amend their gender marker. For minors up to the age of 14, applications can only be submitted by their legal guardians, who also require appropriate consultation during the application process. Minors aged 14 and above can apply with their legal guardian’s consent. In instances where consent isn’t given, a family court retains the ability to issue such consent if it identifies that the gender marker amendment will serve the child’s best interests.
The German government has clarified that the Act will not influence other civil rights associated with gender identity, but instead, they will be regulated by subsequent legal reforms. For example, the Act states that gender markers in the civil status register will not impact the supply of gender-specific healthcare treatment, which should be determined based on individual needs, taking into consideration their biological and psychological circumstances.
The Act will also provide interim alleviation by replacing terms “mother” and “father” with “parent” under parental law until further reform is conducted. Furthermore, sports associations will maintain their autonomy in making decisions about who is admitted into which competition.
Amidst growing violence against the LGBTQ+ community, the German government established a working panel to tackle the issue, after reports of 1,400 annual violent crimes against sexual minorities were highlighted, with a steady rise in these figures in 2022.
The Senior LGBT rights researcher at Human Rights Watch, Cristian González Gabrera, expressed affirmation for the enactment of the new law, stating that “pathologizing requirements for gender recognition … have no place in distinct and democratic societies” and that the new German law sends out a strong message of recognition and protection for transgender people.
The Yogyakarta Principles’ Principle 3 emphasizes that self-defined sexual orientation and gender identity are integral to one’s personality and should be legally recognized without the individual enduring any medical procedures. Currently, 15 countries acknowledge gender registration based on self-declaration with both Spain and Finland recently implementing similar legislation.