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{{short description|Legal concept}}(File:Gender self-identification around the world.svg|thumb|300px|Countries recognising gender self-identification; sub-national entities are only marked for some countries)Gender self-identification is the concept that a person's legal sex or gender is determined by their gender identity without any medical requirements, such as via statutory declaration.JOURNAL, Zimman, Lal, Trans self-identification and the language of neoliberal selfhood: Agency, power, and the limits of monologic discourse, International Journal of the Sociology of Language, 1 March 2019, 2019, 256, 147–175, 10.1515/ijsl-2018-2016, 150715919, For trans people, a key principle of activism is gender self-determination, which treats each individual as the ultimate authority on their own gender identity....Self-identification is a lynchpin of transgender identity politics in the United States and, increasingly, throughout the globalizing world., NEWS, Continental Europe enters the gender wars,weblink 17 October 2021, The Economist, 12 June 2021, Self-id, as it is known, is the idea that people be allowed to change the legal markers of their sex simply by saying so, without jumping through any medical hoops. Trans-rights groups say this is crucial for trans people, who face daily prejudice., NEWS, Explained: Countries that allow gender self-identification, and the law in India,weblink 11 October 2021, The Indian Express, 1 July 2021, en, Self-identification, or ‘self-id’, is the concept that a person should be allowed to legally identify with the gender of their choice by simply declaring so, and without facing any medical tests. This has been a long held demand of trans-right groups around the world, NEWS, Weaver, Matthew, Gender recognition certificate fee cut from £140 to £5,weblink 17 October 2021, The Guardian, 3 May 2021, en, It is a major goal of the transgender rights movement.NEWS, Lewis, Helen, The Party Whose Success Is a Problem,weblink The Atlantic, 5 May 2021, en, Advocates of self-identification say that medical requirements are intrusive and humiliating gatekeeping, that they could force transgender people into undergoing surgery, and that self-identification would make it easier for transgender people to live day-to-day without prejudice. Advocates also argue that there is no evidence that such laws have caused problems in countries where they have been introduced, such as in Ireland, where self-identification was introduced in 2015.NEWS, Murphy, Simon, Brooks, Libby, UK government drops gender self-identification plan for trans people,weblink 17 October 2021, The Guardian, 22 September 2020, en, Self-identification is opposed by some feminists,NEWS, Carreño, Belén, Allen, Nathan, Spain moves step closer to gender self-identification,weblink 17 October 2021, Reuters, 29 June 2021, en, who consider safety in places like refuges and prisons, and fairness in sports, to be adversely affected.NEWS, Boothman, John, Scottish government to legalise gender self-identification,weblink 17 October 2021, The Sunday Times, 22 August 2021, subscription, NEWS, Goodwin, Daisy, The Transgender Issue and Trans — the gender agenda,weblink 17 October 2021, Financial Times, 10 September 2021, subscription, {{citation |url=https://www.ohchr.org/Documents/Issues/SexualOrientation/IESOGI/Reports_on_Gender_Final_Summary.pdf |title=Reports on Gender: The Law of Inclusion & Practices of Exclusion |first=Victor |last=Madrigal-Borloz |author-link=Victor Madrigal-Borloz |publisher=United Nations Independent Expert on Protection against violence and discrimination based on sexual orientation and gender identity |date=2021 |access-date=21 October 2021 |pages=6, 8 |quote=Some submissions to this report argued against legal recognition of trans and gender diverse persons, alleging a risk of erasure of cisgender women’s concerns, the integrity of gender-segregated spaces for women and the threat to the development of girls through sport."The concerns raised overwhelmingly appear to rely on anecdotal evidence, some of which would relate to allegations of abuse, but most of which build on deeply discriminatory stereotypes of trans and gender diverse persons based on ideas of predatory determinism. They also appear to reproduce privileged and/or colonial bias that disregards gender diversity around the world and to suggest a shift of onus from the State (the duty bearer) to communities and persons that, as evidence shows, are deeply disenfranchised (trans and gender diverse persons, the rights holders). ..."The work to address, and ultimately eradicate, violence and discrimination based on sexual orientation and gender identity is not in opposition to the human rights of women; to the contrary, these areas of concern largely overlap and conceptually, socioeconomically, politically and legally reinforce each other. }}As of February 2023, gender self-identification, where no judge or medical expert are involved, is part of the law in 20 countries: Argentina, Belgium, Brazil, Chile, Colombia, Costa Rica, Denmark, Ecuador, Finland, Iceland, Ireland, Luxembourg, Malta, New Zealand, Norway, Pakistan, Portugal, Spain, Switzerland and Uruguay.WEB, Trans Rights Index Europe & Central Asia 2023,weblink 16 November 2022, WEB, Trans Legal Mapping Report 2019: Recognition before the law,weblink ilga.org, 16 November 2022, 2020, Proposals to introduce it have proved controversial in some countries, such as the United Kingdom. Within countries organized as federations, such as Australia, Canada and Mexico, legal gender recognition may principally fall under sub-national jurisdiction, and may vary from province to province. Within a single jurisdiction, legal gender recognition procedures can be different for different documents, such as birth certificates or passports, and is not always the sole determinant of gender recognition in day-to-day life, such as in healthcare, access to facilities, or in personal relations. Third gender self-determination is available in India, Nepal, Bangladesh, Colombia, Argentina, Australia, New Zealand and some American states.WEB, Argentina Recognizes Non-Binary Identities,weblink hrw.org, 21 April 2023, 2023,

Positions of international bodies

In April 2015, the Parliamentary Assembly of the Council of Europe adopted Resolution 2048 (2015), within which "the Assembly calls on Member States to ... develop quick, transparent and accessible procedures, based on self-determination ... available for all people who seek to use them, irrespective of age, medical status, financial situation or police record".{{citation |url=https://pace.coe.int/en/files/21736/html |title=Discrimination against transgender people in Europe – Resolution 2048 (2015) |publisher=Parliamentary Assembly of the Council of Europe |date=22 April 2015 |access-date=21 October 2021 }} In 2015, the Office of the United Nations High Commissioner for Human Rights stated that "abusive requirements as a precondition of recognition — for example, by requiring ... forced gender reassignment and other medical procedures" are "in violation of international human rights standards"{{citation |url=https://undocs.org/A/HRC/29/23 |title=Discrimination and violence against individuals based on their sexual orientation and gender identity |author=Office of the United Nations High Commissioner for Human Rights |author-link=Office of the United Nations High Commissioner for Human Rights |publisher=United Nations Human Rights Council |date=4 May 2015 |access-date=21 October 2021 |id=A/HRC/29/23 |at=paragraph 73 }} and in 2018, Victor Madrigal-Borloz, the United Nations Independent Expert on Protection against violence and discrimination based on sexual orientation and gender identity, stated that "the right to self-determine one's gender was a fundamental part of a person's freedom and a cornerstone of the person's identity"{{citation |url=https://undocs.org/A/HRC/47/27 |title=The law of inclusion: Report of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, Victor Madrigal-Borloz |first=Victor |last=Madrigal-Borloz |author-link=Victor Madrigal-Borloz |publisher=United Nations Human Rights Council |date=3 June 2021 |access-date=21 October 2021 |id=A/HRC/47/27 |at=paragraph 36 }} and that states' obligations included "adopting legal measures such as being based on self-determination [and] ensuring that minors have access to recognition of their gender identity".

Positions of international charities

In 2014, Amnesty International released a report titled The state decides who I am: Lack of Legal Gender Recognition For Transgender People in Europe.NEWS, Saner, Emine, 1 September 2014, Europe's terrible trans rights record: will Denmark's new law spark change?, The Guardian,weblink 28 November 2021, In the report, Amnesty argued that many European countries had legal gender recognition laws that were based on stereotypical gender norms and that violated individuals' rights to "private and family life, to recognition before the law, to highest attainable standard of health and to be free from cruel, inhuman and degrading treatments without discrimination on grounds of gender identity and expression." The report further argued that "transgender people should be able to obtain legal gender recognition through quick, accessible and transparent procedures and in accordance with their own perceptions of gender identity."WEB, 2014, The state decides who I am,weblink 28 November 2021, Amnesty International, To mark Transgender Awareness Week in November 2019, multinational law firm Dentons produced a report titled Only adults? Good practices in legal gender recognition for youth, written along with IGLYO, an international network of LGBT+ student and youth organizations, and the Thomson Reuters Foundation.NEWS, Hamilton, Jamie, 29 November 2019, Dentons campaigns for kids to switch gender without parental approval, Rollonfriday,weblink 27 November 2021, NEWS, Cross, Michael, 20 November 2019, Campaigners for gender recognition law 'should avoid media', The Law Society Gazette,weblink 27 November 2021, The report examined the status of legal gender recognition for minors in several European countries, and describes itself as a "powerful tool for activists". Based on international human rights standards, the report argued that people under the age of 18 should have the right to legal gender recognition based on self-declaration, that a third gender marker should be recognized, that trans healthcare should be publicly accessible, and that discrimination based on gender identity should be illegal. The report also examined campaigns to reform legal gender recognition laws in those countries, arguing that the most successful techniques included targeting younger politicians and political parties' youth wings, emphasizing the depathologization and human rights aspects of reform, the use of individuals' stories to humanize the campaign, intervening early in the political process, and strong collaboration between groups.WEB, November 2019, Only adults? Good practices in legal gender recognition for youth,weblink 26 November 2021, Dentons,

Around the world

Africa

Although there is no current legislation on legal gender recognition in Botswana, in the 2017 ND v Attorney General of Botswana and Another case, the High Court of Botswana ruled that the government should "ensure that procedures exist whereby all State-issued identity documents which indicate a person’s gender/sex reflect the person’s self-identified gender identity."WEB,weblink High Court of Botswana Protects Transgender Man's Right to Have Identity Document Reflect His Gender Identity, ESCR-Net, WEB,weblink Legal Gender Recognition in Botswana, October 2020, Southern Africa Litigation Centre, WEB,weblink African Voices: Well behaved women rarely make history, Tanhira, Miles, August 23, 2017, Transadvocate.com,

The Americas

(File:Gender self-identification in the Americas.svg|thumb|Countries in the Americas recognising gender self-identification; sub-national entities are not marked)A 2018 study in BMC International Health and Human Rights found that "the majority of countries from South America allow their transgender citizens to change name and gender in legal documents with a fast, easy and inexpensive manner" and that "legislation to protect [sexual and gender minority] rights in South America have undergone fundamental and positive transformations" in the 2010s. However, the study also found that "transgender people are unable to change their gender in public records and legal documents in several Latin America and the Caribbean countries – mostly in the Caribbean and Mesoamerica."JOURNAL, 10.1186/s12914-019-0217-3, Sexual and gender minorities rights in Latin America and the Caribbean: A multi-country evaluation, 2019, Malta, Monica, Cardoso, Reynaldo, Montenegro, Luiz, De Jesus, Jaqueline Gomes, Seixas, Michele, Benevides, Bruna, Das Dores Silva, Maria, Legrand, Sara, Whetten, Kathryn, BMC International Health and Human Rights, 19, 1, 31, 31694637, 6836409, free, Argentina, Brazil, Chile, Colombia, Costa Rica, Ecuador and Uruguay have self-identification laws, as well as several Canadian provinces and Mexican and American states.

Argentina

In 2012, the Ley de Género made Argentina the "only country that allows people to change their gender identities without facing barriers such as hormone therapy, surgery or psychiatric diagnosis that labels them as having an abnormality".NEWS,weblink Argentina OKs transgender rights: ID changes, sex-change operations and hormone therapy, The Washington Post, 9 May 2012, 17 September 2017,weblink 31 March 2019, In 2015, the World Health Organization cited Argentina as an exemplary country for providing transgender rights.WEB,weblink Argentina's Field of Dreams for the LGBT, Lahrichi, Kamilia, La Valle, Leo, April 4, 2016, U.S. News & World Report, U.S. News & World Report L.P., November 22, 2016, live,weblink" title="web.archive.org/web/20161122161910weblink">weblink November 22, 2016, A 2018 paper in the Journal of Human Rights analyzing the factors that lead to the creation of the law found that "more institutionalized group played a major role in getting the issue on the agenda, while a more radical challenger coalition was crucial in developing and advancing the ground-breaking content."JOURNAL, 10.1080/14754835.2018.1450739, The political mediation of Argentina's gender identity law: LGBT activism and rights innovation, 2018, Hollar, Julie, Journal of Human Rights, 17, 4, 453–469, 149480996, free, JOURNAL, 10.1080/09614524.2013.802291, From embarrassing objects to subjects of rights: The Argentine LGBT movement and the Equal Marriage and Gender Identity laws, 2013, Pousadela, Inés M., Development in Practice, 23, 5–06, 701–720, 143126497,

Bolivia

The Gender Identity law allows individuals over 18 to legally change their name, gender and photography on legal documents. No surgeries, hormone therapy or judicial order are required, nevertheless, a psychological examination attesting that the petitioner consents the decision is required. The law took effect on 1 August 2016.WEB, Ley N° 807 de Identidad de Género,weblink 16 November 2022,

Brazil

The Supreme Federal Court ruled on March 1, 2018, that a transgender person has the right to change their official name and sex without the need of surgery or professional evaluation, just by self-declaration of their psychosocial identity. On June 29, the Corregedoria Nacional de Justiça, a body of the National Justice Council published the rules to be followed by registry offices concerning the subject.WEB,weblink Transexuais já podem mudar nome em documentos nos cartórios de todo país, June 29, 2018, Transsexuals can now change their names in documents at registry offices throughout the country, O Globo, pt,

Canada

As Canada is a federation, legal gender recognition procedures vary from province to province. At the federal level, Canadians can apply to have the gender marker on their passports changed via self-identification.WEB,weblink Choose or update the gender identifier on your passport or travel document, Refugees and Citizenship Canada, Immigration, February 2, 2017, www.canada.ca, In Québec, the legal recognition process has worked on an affidavit process since 2015. In 2021, however, the Coalition Avenir Québec government introduced Bill 2, which would re-introduce a requirement for surgical procedures.WEB,weblink Québec facilitera le changement de sexe, Boivin, Simon, September 5, 2015, Le Soleil, fr, WEB,weblink Trans-rights advocates raise alarm over Quebec birth certificate proposal, calling it 'huge regression', Luca, Caruso-Moro, Selena, Ross, 21 October 2021, CFCF-DT, CTV News, After that provision provoked heavy controversy, Québec Minister of Justice Simon Jolin-Barrette announced that he would be withdrawing that requirement from the bill.WEB,weblink Québec recule sur les aspects jugés transphobes de son projet de loi 2, Carabin, François, November 9, 2021, Le Devoir, fr, In 2017, Newfoundland and Labrador abolished the medical letter requirement, moving to a self-declaration process.NEWS,weblink Newfoundland to allow switch to gender-neutral birth certificates, The Canadian Press, Nationalpost, September 21, 2017, In 2018, Alberta changed its legal gender recognition laws to allow people to self-declare their legal gender through an affidavit, eliminating the requirement for a letter from a psychiatrist.NEWS,weblink Gender-inclusive ID documents introduced, Greg, Southam, June 8, 2018, Edmonton Journal, WEB,weblink Sex indicator amendment on an Alberta birth record, www.alberta.ca, In 2019, Nova Scotia moved to an affidavit process, eliminating the medical letter requirement.WEB,weblink Nova Scotia to unveil gender option changes for identity documents, July 8, 2019, Global News, In 2022, British Columbia eliminated the medical letter requirement for legal gender changes for adults.WEB,weblink Improving gender designation process for people in B.C., January 14, 2022, BC Gov News, There still remains barriers to legal gender recognition for people born outside of Canada. As of October 2021, half of the provinces (Alberta, British Columbia, Prince Edward Island, Ontario, and Saskatchewan), and all territories, do not offer anyone not born there the ability to change their legal gender. In November 2020, refugee claimants became able to change their legal gender federally.WEB, Immigration, Refugees and Citizenship Canada, 2020-11-19, Program delivery update: Sex or gender identifier on IRCC documents and in IRCC systems,weblink 2020-12-12, aem, In March 2021, temporary residents were afforded the same right (without requiring a change to their passport).WEB, March 30, 2021, Temporary residents can now change their sex identifiers on Canadian immigration documents,weblink Moetaz, Mohanad, 2021-04-19, www.cicnews.com, en-US,

Chile

Since 2019, the Gender Identity Law (21,120) recognizes the right to self-perceived gender identity, allowing transgender people over 14 years to change their name and gender on all official documents without prohibitive requirements. For persons over 18 years of age, the change is requested by submitting a request to the Civil Registry and Identification Service, without being required to prove hormone replacement therapy, undergo sex reassignment surgery or any medical requirements. Children under 18 and over 14 years old must complete the process before family courts and have the permission and support of their representatives. Although the request for minors does not include medical reports, it does require that it have to be accompanied by background information on the psychosocial and family context. The Law guarantees as basic principles non-pathologization, non-arbitrary discrimination, confidentiality, dignity in treatment, the best interests of the child and progressive autonomy.WEB, LEY NÚM. 21.120 RECONOCE Y DA PROTECCIÓN AL DERECHO A LA IDENTIDAD DE GÉNERO,weblink diariooficial.interior.gob.cl, 18 October 2022, 10 December 2018,

Colombia

Since 2015, transgender people may change their legal gender and name manifesting their solemn will before a notary, no surgeries or judicial order required. The Colombian Government issued Decree 1227 on June 4, 2015, to simplify the process by which adults over 18 can legally change their gender.WEB, DECRETO 1227 DE 2015,weblink 16 November 2022, es, The decree, signed by the Ministry of Justice and the Ministry of the Interior, says the gender change is justified by a person's individual choice; it eliminates the requirement for psychiatric or physical examinations.WEB,weblink These Ten Trans People Just Got Their First IDs Under Colombia's New Gender Rules, BuzzFeed, 10 June 2015, 16 November 2022, WEB,weblink Colombia Allows Transgender Community To Change Sex on IDs Without Physical Exams, International Business Times, 8 June 2015, 16 November 2022,

Costa Rica

In 2016, a bill allowing transgender people to legally change their name and gender without the need for surgery or judicial permission was introduced to the Legislative Assembly.WEB, Change in Sex Designation in Identity Card (Cedula) Possible If Bill Is Approved,weblink Q Costa Rica, 20 May 2018, 19 January 2016, In June 2017, the bill advanced to the Human Rights Committee,WEB, Personas trans podrían cambiar su sexo en el Registro al cumplir 18 años,weblink Sequeira, Aarón, La Nación, 20 May 2018, es-LA, 7 June 2017, and the Supreme Electoral Tribunal endorsed the bill,WEB, TSE avala plan que permite cambio de género a personas transexuales,weblink Mata, Esteban, La Nación, 20 May 2018, es-LA, 13 June 2017, but it was ultimately unsuccessful.Following a January 2018 Inter-American Court of Human Rights ruling and the 2018 Costa Rican general election, President Carlos Alvarado Quesada issued an executive decree requiring all state institutions to modify the documents and internal records of transgender people who wish to have their name, photograph or sex changed according to self-declaration. The decree applies to passports, driving licenses, ID documents, work permits, university identification, etc.WEB,weblink Alvarado firma decreto que favorece a transexuales, June 28, 2018, www.laprensalibre.cr, es, dead,weblink" title="web.archive.org/web/20200214212842weblink">weblink February 14, 2020, WEB,weblink Instituciones deberán modificar documentos para que sean acordes con la identidad de género, 28 June 2018, Presidencia de la República de Costa Rica, es, In December 2018, Alvarado signed another executive order extending this right to immigrants.WEB,weblink Costa Rica passes decrees boosting LGBT rights, 21 December 2018, France 24, WEB,weblink Costa Rica Joins Global Push to Recognize Legal Gender Self-Identification, Vivanco, José Miguel, 8 August 2018, Human Rights Watch,

Ecuador

Since 2016, Ecuadorians are allowed to change their “sex” marker in the personal identity document for a “gender” marker as masculine or feminine. The person who wants to change the word "sex" for "gender" in the identity card shall present two witnesses to accredit the self-determination of the applicant. To change the “sex” marker in the civil registry, they must have a judicial order.WEB, LEY ORGÁNICA DE GESTIÓN DE LA IDENTIDAD Y DATOS CIVILES,weblink Asambleanacional.gob.ec, 16 November 2022, es-LA, live,weblink" title="web.archive.org/web/20160806145113weblink">weblink 6 August 2016,

Mexico

(File:Gender self-identification in Mexico.svg|thumb|Federal entities of Mexico recognising gender self-identification as of 2022)As Mexico is a federation, legal gender recognition procedures vary from state to state.On 13 November 2014, the Legislative Assembly of Mexico City unanimously (46–0) approved a gender identity law. The law makes it easier for transgender people to change their legal gender.WEB,weblinkweblink dead, Aprueban reforma a la ley de identidad de género en la Ciudad de México, 13 November 2014, July 28, 2017, Under the new law, they simply have to notify the Civil Registry that they wish to change the gender information on their birth certificates. Sex reassignment surgery, psychological therapies or any other type of diagnosis are no longer required. The law took effect in early 2015.WEB,weblinkweblink" title="web.archive.org/web/20190122185749weblink">weblink dead, Se han realizado 3 mil 481 rectificaciones de actas de nacimiento de personas transgénero en CDMX, 15 October 2018, 22 January 2019, {{As of|2022|11|post=,}} 19 other states have followed suit.WEB, 21 June 2022, Mexico: Barriers for Trans People in Guanajuato State,weblink 27 July 2022, Human Rights Watch, These states include:BOOK,weblink Mexico: Events of 2019, December 9, 2019, Human Rights Watch, WEB,weblink Mexico Transgender Ruling a Beacon for Change, Ghoshal, Neela, October 29, 2018, Human Rights Watch, Michoacán (2017),WEB,weblinkweblink" title="web.archive.org/web/20170729001426weblink">weblink 2017-07-29, Aprueban Ley de Identidad de Género en Michoacán, July 29, 2017, es, desastre.mx, Nayarit (2017),WEB,weblink Aprueba Congreso de Nayarit ley de identidad de género, Almomento.mx, 22 July 2017, 2021-10-28, es, Coahuila (2018),WEB,weblink Aprueban cambio de identidad de género en Coahuila, Rodríguez, Francisco, November 13, 2018, El Universal (Mexico City), El Universal, es, Hidalgo (2019),WEB,weblink Diputados de Hidalgo aprueban cambios de género en actas de nacimiento, April 25, 2019, El Universal (Mexico City), El Universal, San Luis Potosí (2019),WEB,weblink Es oficial, las personas trans ya pueden cambiar de identidad en SLP, es, 17 May 2019, LaOrquesta.mx, Colima (2019),WEB,weblink Congreso de Colima aprueba cambio de identidad de género en documentos oficiales, El Herlado de México, 13 February 2019, es, 28 October 2021, 2 May 2019,weblink dead, Oaxaca (2019),WEB,weblink Avanza Oaxaca en reconocimiento a la identidad de género: Congreso, e-oaxaca.mx, 30 August 2019, es, 28 October 2021, 14 January 2023,weblink dead, Tlaxcala (2019),WEB, Rodríguez, Areli,weblink Aprueban en Tlaxcala cambio de identidad de género, 1 October 2019, Quadratin, es, March 16, 2021, Chihuahua (2019),WEB,weblink En Chihuahua, personas trans pueden adecuar acta de nacimiento sin un amparo, Proceso, 26 November 2019, es, Mayorga, Patricia, Sonora (2020),NEWS,weblink Maytorena, Alberto, ¡Lo lograron! Aprueban Ley de Identidad de Género en Sonora, October 1, 2020, El Sol de Hermosillo, March 16, 2021, es, Jalisco (2020),WEB,weblink Orozco, Mariana, Jalisco reconoce el derecho a la identidad de personas Trans para todas la edades, October 30, 2020, es, debate, March 16, 2021, Quintana Roo (2020),WEB,weblink Aprueban cambio en identidad de genero y Nombre de Personas Trans en Quintana Roo, November 18, 2020, La Razon, es, March 16, 2021, Puebla (2021),WEB,weblink Aprueban #LeyAgnes: Puebla Reconoce el Derecho al Cambio de Identidad de genero, February 25, 2021, Animal Politico, es, March 16, 2021, August 15, 2021,weblink dead, Baja California Sur (2021),WEB, Baja California Sur aprueba Ley de Identidad Trans; va contra terapias de conversión,weblink 2021-07-31, sdpnoticias, 29 June 2021, en, the State of Mexico (2021)WEB, Violeta, Huerta, Aprueban Ley de Identidad de Género en el Edomex,weblink 2021-08-07, El Sol de Toluca, en, Morelos (2021), Baja California (2022),WEB,weblink Informa CEDHBC sobre derecho a adecuación sexo-genérica en actas de nacimiento, Baja California State Commission for Human Rights, 18 June 2019, Tijuana, es, 28 October 2021, 15 August 2021,weblink" title="web.archive.org/web/20210815181134weblink">weblink dead, WEB,weblink Recomendación No. 5/2019, Comisión Estatal de los Derechos Humanos Baja California, es, 15 April 2019, 28 October 2021, 11 July 2019,weblink" title="web.archive.org/web/20190711232907weblink">weblink dead, and Sinaloa (2022)WEB, LGR Chart Mexico,weblink 16 November 2022,

United States

As the United States is a federation, legal gender recognition laws vary from state to state. As of July 2021, 21 states (as well as the District of Columbia) allow the gender marker on drivers licences to be updated on a self-declaration basis and as of April 2020, 10 states allow the gender marker on birth certificates to be updated on a self-declaration basis.WEB,weblink How Trans Friendly is the Driver's License Gender Marker Change Policy in Your State?, National Center for Transgender Equality, July 2021, WEB,weblink Summary of State Birth Certificate Gender Change Laws, April 2020, National Center for Transgender Equality, At the federal level, since June 2021, the gender marker on passports operates on a system of gender self-identification.NEWS, Larkin, Alexandra, Americans will be able to self-identify their gender on their passports,weblink 17 October 2021, CBS News, 30 June 2021, Since 2010, Arkansas has allowed change of gender on state IDs "as requested, no questions asked, no documentation required."WEB,weblink Arkansas Has Been Offering a Nonbinary Gender Option on State IDs for Years, Wong, Curtis M., 17 October 2018, HuffPost, In 2017, the California state legislature passed California's Gender Recognition Act (SB 179), removing the requirements for a physician's statement and mandatory court hearing for gender change petitions, allowing change based on an affidavit. The Act also implemented a third, non-binary gender marker on California birth certificates, drivers' licenses, and identity cards.WEB,weblink Fact Sheet: California's Gender Recognition Act (SB 179), Transgender Law Center, 2021-11-05, 2023-04-06,weblink dead,

Uruguay

Since 2019, transgender people can self-identify their gender and update their legal name, without approval from a judge after the approval of the Comprehensive Law for Trans Persons (). Sex reassignment surgery, hormone therapy or any form of diagnosis are not requirements to alter one's gender on official documents.WEB, Ley N° 19684,weblink www.impo.com.uy, 16 November 2022, WEB, Trans people in Uruguay can now self-identify their gender, without surgery,weblink Gay Star News, 16 November 2022, en-gb, 19 October 2018, 9 August 2019,weblink live,

Asia

India

In India, the Supreme Court affirmed the right to self-determination in two 2014 cases.NEWS,weblink India court recognises transgender people as third gender, BBC News Online, 15 April 2014, 21 October 2021, JOURNAL,weblink Trans equality in India: Affirmation of the right to self-determination of gender, Jayna, Kothari, NUJS Law Review, 13, 3, 2020, The Transgender Persons (Protection of Rights) Act, 2019 recognizes the right to self-perceived gender identity, thus allowing transgender people to register themselves under a third gender (transgender). Applications must be made to the District Magistrate, who can issue a certificate of identity as a Transgender Person and update all documents (Section 5-6). However, identification as male or female can only be issued once proof of gender confirmation surgery or medical intervention (Section 7).WEB, Guide on the Rights of Transgender Persons in India,weblink Nyaaya, 16 November 2022, The Transgender Persons (Protection of Rights) Rules, 2020, lays down a simpler procedure for obtaining an identity certificate from the district magistrate. In the present Rules, there is a single form to assert either a transgender or trans-binary status. However, a medical intervention is requisite for the latter.WEB, The Transgender Persons (Protection of Rights) Rules, 2020,weblink 16 November 2022, In November 2020, the Ministry of Social Justice and Empowerment launched an online portal for changes of gender marker. In the new portal, applicants are required to register an affidavit self-declaring their third gender and subsequently receive a new identity card within 30 days.WEB, 25 November 2020, Trans people can now self-identify their gender with a few clicks as India launches revolutionary online portal,weblink Kelleher, Patrick, 27 July 2022, PinkNews,

Nepal

In 2007, in the Sunil Babu Pant and Others v. Nepal Government court case on LGBT+ rights, the Supreme Court of Nepal legally established a gender category called "other".Supreme Court of Nepal. Apr. 2007. Sunil Babu Pant and Others v. Nepal Government {{Webarchive|url=https://web.archive.org/web/20161011064131weblink |date=11 October 2016 }}JOURNAL, Bochenek, Michael, Knight, Kyle, Establishing a Third Gender Category in Nepal: Process and Prognosis, Emory International Law Review, 1 January 2012, 26, 1, 11,weblink The Supreme Court stated that the criteria for identifying one's gender is based on the individual's self-identification.WEB,weblink निर्णय नं. ९८७५ – परमादेश (The official supreme court decision, Nepal Law Magazine, However, gender recognition laws in Nepal have since faced criticism, as they only allow gender markers to be changed from "M" (male) or "F" (female) to "O" (other). There are no provisions allowing transgender women to have an "F" marker or transgender men having an "M" marker.WEB,weblink Moving beyond two, stuck in three, Kapali, Rukshana, November 16, 2018, The Kathmandu Post, WEB, September 25, 2020, The reality of transgender rights in Nepal,weblink 2021-03-15, The Record, en,

Pakistan

Under the Transgender Person (Protection of Rights) Act 2018 (), Pakistanis may choose to self-identify as male, female, both or neither. They may express their gender according to their own preferences, and they may have their gender identity of choice reflected on their documents, "including National Identification Cards, passports, driver's licenses and education certificates."NEWS, Hashim, Asad, Pakistan passes landmark transgender rights law,weblink 10 May 2018, Al Jazeera, 9 May 2018,

Europe

(File:Gender self-identification in Europe.svg|thumb|Countries in Europe recognising gender self-identification: {{legend|#f07568ff|Full self-identification}} {{legend|#ffb380ff|Self-identification subject to court order}})As of March 2023, 11 countries have legal gender recognition procedures based on self-determination of the person: Belgium, Denmark, Finland, Iceland, Ireland, Luxembourg, Malta, Norway, Portugal, Spain and Switzerland.WEB, THEMATIC REPORT ON LEGAL GENDER RECOGNITION IN EUROPE,weblink Council of Europe, 22 November 2022, June 2022, In France and Greece a court permission is required.In 2014, Amnesty International stated that "many transgender people in Europe continue to struggle to have their gender legally recognised" and that trans people "should be able to obtain legal gender recognition through quick, accessible and transparent procedures and in accordance with their own perceptions of gender identity."WEB, The State Decides Who I Am: Lack of Legal Gender Recognition for Transgender People in Europe,weblink Amnesty International, 2014,

Belgium

In 2017, the Belgian federal parliament passed a law allowing people to change their legal gender via statutory declaration, without any medical intervention being required.WEB,weblink Nouvelle loi transgenre : un grand pas pour les droits humains, 24 May 2017, Amnesty International Belgique, fr, To do so, a person must first sign a statutory declaration in front of a civil officer and then wait three months before second statutory declaration confirming the change.WEB,weblink Nouvelle réglementation pour les personnes transgenres, justice.belgium.be, fr,

Cyprus

In 2019, a bill was drafted to allow transgender people to change their legal sex. The legislation would allow transgender people over 18 to right to change their legal gender on the basis of self-determination, without a diagnosis, hormonal treatment or sex reassignment surgery.WEB,weblink Εγκλωβισμένοι σε λάθος σώμα, 24.com.cy, 22 June 2019, el, 5 November 2021, 26 June 2019,weblink dead, {{As of|2021|10|post=,}} the bill was still in draft status.NEWS,weblink Final touches being put to gender identity bill, Cyprus lagging behind other CoE states, Savva, Anna, October 15, 2021, Cyprus Mail, WEB,weblink Roundtable on Legal gender recognition in Cyprus – 15 October, 15 October 2021, Council of Europe,

Germany

In June 2021, Germany's parliament voted down two self-identification bills. One of the bills also permitted sex reassignment surgery on children starting at age 14 regardless of parental objection and would have introduced a fine of €2,500 for misgendering. Following the 2021 German federal election, the new government, a traffic light coalition led by the Social Democratic Party and with the Free Democratic Party and The Greens, announced plans to introduce legal gender recognition via self-declaration as part of the coalition agreement.NEWS, 24 November 2020, Germany plans cultural revolution on immigration, youth and gender,weblink 24 November 2021, Reuters, The government formally proposed a self-determination bill in June 2022.WEB, 30 June 2022, Germany unveils plans for simpler legal gender change process,weblink 27 July 2022, DW, .In April 2024, Germany's parliament passed the Selbstbestimmungsgesetz which permits a German citizen to change their gender on government documents through self-determination. The law comes into force in November 2024. Persons aged 16 to 18 years can change their gender on government documents in the presence of their parents. For persons under 16, the parents can change the gender entry of their child.WEB, 12 April 2024, Bestätigter Gesetzesentwurf zum Selbstbestimmungsgesetz,weblink 12 April 2024, .

Ireland

On 15 July 2015, the passed the Gender Recognition Act 2015 which permits an Irish citizen to change their gender on government documents through self-determination. The law does not require any medical intervention by the applicant nor an assessment by the state."WEB, Ireland passes bill allowing gender marker changes on legal documents,weblink Jessica, Hofflich, GLAAD, 20 July 2015, 12 September 2015, 10 September 2015,weblink" title="web.archive.org/web/20150910211424weblink">weblink dead, Such changes are possible through self-determination for any person aged 18 or over who is ordinarily resident in Ireland and/or registered on Irish registers of birth or adoption. Persons aged 16 to 18 years must secure a court order to exempt them from the normal requirement to be at least 18.WEB, Gender Recognition Certificate,weblink Department of Social Protection, 22 April 2021, 13 November 2015, In late-January 2018, over 1000 Irish feminists, including several groups such as the University College Dublin Centre of Gender, Feminisms & Sexualities, signed an open letter condemning a planned meeting in Ireland on UK Gender Recognition Act reforms organised by a British group opposing the reforms.NEWS,weblink Ireland Says No To TERFs, Katie, Donohoe, Gay Community News (Dublin), Gay Community News, 24 January 2018, 26 October 2021, The letter stated that "Trans people and particularly trans women are an inextricable part of our feminist community" and accused the British group of colonialism.WEB,weblink "Stay away from Ireland," British anti-trans feminists told, James, Wilson, IrishCentral, 23 January 2018, 26 October 2021,

Malta

Applicants can change their official documents by simply filing an affidavit with a notary, eliminating any requirement for medical gender reassignment procedures under the Gender Identity, Gender Expression and Sex Characteristics Act (), enacted in April 2015.WEB, Gender Identity, Gender Expression and Sex Characteristics Act,weblink 16 November 2022, 2015,

Nordic countries

In June 2014, the Danish Parliament voted 59–52 to remove the requirement of a mental disorder diagnosis and surgery with irreversible sterilization during the process of a legal sex change.WEB,weblink Denmark becomes Europe's leading country on legal gender recognition, The European Parliament's Intergroup on LGBTI Rights, June 12, 2014, 2015-04-10, dead,weblink" title="web.archive.org/web/20150212093918weblink">weblink 12 February 2015, Since 1 September 2014, Danes over 18 years of age who wish to apply for a legal sex change can do so by stating that they want to change their documentation, followed by a six-month-long "reflection period" to confirm the request.{{citation |url=https://www.amnesty.org/en/en/news/denmark-transgender-law-2014-06-12 |title=World must follow Denmark's example after landmark transgender law |archive-url=https://web.archive.org/web/20140829002605weblink |archive-date=2014-08-29 |access-date=2016-08-04}}WEB,weblink L 182 Forslag til lov om ændring af lov om Det Centrale Personregister., Vestager, Margrethe, Folketinget, da, On 18 March 2016, the Conservative-led Solberg Government in Norway introduced the Gender Recognition Act which allows legal gender changes without psychiatric or psychological evaluation, diagnosis or medical intervention, by people aged at least 16. Minors aged between 6 and 16 may transition with parental consent.WEB,weblink Norway set to allow gender change without medical intervention, March 18, 2016, Yahoo! News, WEB,weblink Easier to change legal gender, Ministry of Health and Care, Services, 18 March 2016, Government.no, WEB,weblink Lov om endring av juridisk kjønn, 29 March 2016, Stortinget, no, The bill was approved by a vote of 79–13 by Parliament on 6 June, supported by the Conservative Party, the Labour Party, the Progress Party, the Liberal Party, the Socialist Left Party and the Green Party.NEWS,weblink Norway now allows trans people to decide their own gender, Mitchell, Bea, 6 June 2016, PinkNews, WEB,weblink Norway becomes fourth country in the world to allow trans people to determine their own gender, Joe, Morgan, 6 June 2016, Gay Star News, 28 October 2021, 30 August 2018,weblink dead, It was promulgated on 17 June and took effect on 1 July 2016.WEB,weblink Lov om endring av juridisk kjønn, Lovdata, no, The act was hailed as an important milestone for LGBTIQ+ rights by LGBTIQ+ rights organizations such as the Norwegian Organisation for Sexual and Gender Diversity, by Amnesty InternationalWEB, Historisk lov vedtatt,weblink Amnesty International, 19 September 2022, and by the feminist movement, notably by the Norwegian Association for Women's Rights.WEB, Norsk Kvinnesaksforening,weblink 2022-09-11,weblink" title="web.archive.org/web/20220911194238weblink">weblink 2022-09-11, In 2019, Icelandic Prime Minister Katrín Jakobsdóttir proposed a bill to introduce gender recognition via statutory declaration in the country. The bill was passed by the Althing by a vote of 45–0, with three abstentions.WEB,weblink New law to help trans and intersex people, RÚV, RÚV.is, 19 June 2019, Elliott, Alexander, 26 October 2021, WEB,weblink On trans issues, Iceland has just put Britain to shame, Owl, Fisher, The Guardian, 21 June 2019, 26 October 2021, In 2015, the Löfven Government in Sweden introduced a bill allowing legal gender change without any form of psychiatric or psychological evaluation as well as removing the requirement of a diagnosis or any kind of medical intervention.WEB,weblink Swedish law proposals on legal gender recognition and gender reassignment treatment, ILGA-Europe, 10 February 2015, 28 October 2021, 19 January 2022,weblink dead, However, the proposals than stagnated in early draft form for several years.WEB,weblink RFSL and RFSU meet social minister Lena Hallengren, youtube, 10 August 2020, In November 2021, the Swedish government announced that it had prepared a new draft bill that would implement self-determination by 2024.WEB, 10 November 2021, Ändring av juridiskt kön kan bli möjlig från 12 år – "Vi har väntat länge",weblink Thorén, Mathilda, 18 November 2021, QX (magazine), QX, sv, The Green Party said that they would vote in favour of the bill, while the Centre Party, Left Party, and Liberals expressed support for the bill. The Sweden Democrats said they would oppose the bill, while the Moderate Party and the Christian Democrats said they would wait until the bill was formally tabled in Parliament to decide their position.NEWS, 14 November 2021, Riksdagsstöd för att sänka åldern för ändring av juridiskt kön,weblink Koch-Emmery, Linn, 18 November 2021, SVT, sv, A 2021 study by Sifo and commissioned by RFSL found that 61% of Swedes supported moving to a system of self-declaration, with 71% of women and 51% of men in support of the change.WEB, 14 November 2021, Svenskarna positiva till ny lag om könstillhörighet,weblink 18 November 2021, RFSL, sv, A more recent poll by Fokus Novus however, showed a low support for selfID in Sweden. Only 15% of respondents were positive and among the most critical were parents of minors still living at home.WEB, 26 December 2021, Fokus Novus: Svagt stöd för juridiskt könsbyte,weblink 16 January 2022, Fokus Novus, sv, In 2021, a citizen's initiative to change the law on legal gender recognition in Finland to a basis of self-determination received 50,000 signatures and was referred to the Finnish Parliament's Committee on Social Affairs and Health.WEB, 17 November 2021, Citizens' initiative calling for trans law reform moves to parliamentary committee,weblink 18 November 2021, Yle, Finnish Prime Minister Sanna Marin had previously expressed support for moving to a self-determination system.WEB, 25 November 2020, Finland's feminist prime minister Sanna Marin comes out swinging for trans people's right to self-identify,weblink Davis, Matilda, 18 November 2021, PinkNews, On 1 February 2023, Finland's Parliament voted 113–69 in favor of gender self-identification.WEB, 1 February 2023, Parliament passes long-awaited amendments to Finland's transgender law,weblink 21 February 2023, Yle,

Portugal

In May 2016, the Left Bloc introduced a bill to allow legal gender change solely based on self-determination.WEB,weblink DetalheIniciativa, www.parlamento.pt, WEB,weblink BE apresenta projecto de lei para permitir mudança de sexo aos 16 anos, Sofia, Rodrigues, PÚBLICO, WEB,weblink BE quer permitir mudança de sexo aos 16 anos, Cruz, Hermana, May 25, 2016, Jornal de Notícias, pt, Similar bills were introduced by the People–Animals–Nature party and the Costa Government in November 2016 and May 2017, respectively.WEB,weblink DetalheIniciativa, www.parlamento.pt, WEB,weblink DetalheIniciativa, www.parlamento.pt, They were merged into one measure by a parliamentary committee and subsequently approved by the Parliament on 13 April 2018.NEWS, Portugal's parliament approves new legal gender change law,weblink BBC News, 13 April 2018, WEB,weblink Parliament approves change of gender on official ID from age 16, www.theportugalnews.com, However, President Marcelo Rebelo de Sousa vetoed the bill.WEB,weblink Portugal can still be legislative innovators on LGBTI equality – don't stop now!, ILGA-Europe, 10 May 2018, WEB,weblink Presidente da República solicita à Assembleia na República que, no decreto sobre identidade de género, preveja relatório médico quando se trate de menores, www.presidencia.pt, dead,weblink" title="web.archive.org/web/20180712153707weblink">weblink July 12, 2018, Later in 2018, the Parliament adopted the bill with changes with regards to sex changes by minors aged 16 and 17, suggested by the President in his veto message.WEB,weblink Parlamento volta a aprovar autodeterminação da identidade de género, Esquerda, WEB,weblink Parlamento aprova lei da autodeterminação da identidade de género, www.jornaldenegocios.pt, This time around, the President signed the bill on 31 July.WEB,weblink Presidente da República promulga lei da autodeterminação da identidade de género, Agência, Lusa, Observador, WEB,weblink Marcelo promulga lei da Uber e alteração à lei da identidade de género, Liliana, Valente, PÚBLICO, It was published as Act No. 38/2018 in the official journal on 7 August 2018 and took effect the next day on 8 August.WEB,weblink Lei da autodeterminação da identidade de género entra em vigor amanhã, Beatriz, Martinho, ionline, pt, JOURNAL, 10.1093/sp/jxab015, Debating the Law of Self-Determination of Gender Identity in Portugal: Composition and Dynamics of Advocacy Coalitions of Political and Civil Society Actors in the Discussion of Morality Issues, 2021, Mota, Luís F., Fernandes, Bruna, Social Politics: International Studies in Gender, State & Society, 29, 50–70, WEB, Act No. 38/2018,weblink 2023-02-23, Diário da República,

Spain

Spain passed gender self-identification in February 2023, via the passed by the Congress of Deputies.WEB, 2023-02-16, Victory in Fight for Gender Recognition in Spain,weblink 2023-02-23, Human Rights Watch, en, The draft had been in the making since 2021, as a part of a political agreement between the Socialist Party and its junior coalition partner , , and . It set a minimum age of 14, though those 14 through 16 need parental approval. A previous bill giving children total freedom of legal gender recognition had been rejected in May. Some LGBTQ+ campaigners criticized the new bill for having age limits and for not having provision for non-Spanish residents and non-binary identities. A collective of about 50 feminist groups opposed the bill, concerned about "protection of the specific rights against gender-based oppression".

Switzerland

In May 2018, the Federal Council proposed amending Swiss legislation to allow transgender individuals to change their registered gender and first name(s) without "red tape", simply by making a declaration to civil status registry officials.WEB,weblink Rapport explicatif relatif à l'avant-projet concernant la révision du Code civil suisse (changement de sexe à l'état civil), Explanatory report relating to the preliminary draft concerning the revision of the Swiss Civil Code (change of sex in civil status),weblink 15 July 2018, dead, fr, In late 2020, the bill was passed by the Swiss Parliament, with all individuals over the age 16 allowed legal gender recognition via self-declaration from 1 January 2022.WEB,weblink Swiss Parliament passes LGR based on self-determination, 18 December 2020, Transgender Europe, NEWS,weblink Switzerland to allow people to legally change gender through self-identification from 2022, Holly, Bancroft, The Independent, 26 December 2021, 26 December 2021, The bill consisted in a modification of the Swiss Civil Code.WEB, Die Menschenrechte von trans Personen in der Schweiz - humanrights.ch,weblink 2023-02-23, www.humanrights.ch, de, WEB, Fedlex,weblink 2023-02-23, www.fedlex.admin.ch, It does not allow a change to a nonbinary gender.WEB, Débureaucratisation de la procédure de changement de sexe à l'état civil dès le 1er janvier 2022,weblink 2023-02-23, www.admin.ch,

United Kingdom

In Great Britain (but not Northern Ireland),WEB,weblink Equality Act 2010, section 217, legislation.gov.uk, 8 April 2010, 26 October 2021, the Equality Act 2010 provides protection from discrimination under the protected characteristic of "gender re-assignment," which includes "any stage in the transition process – from proposing to reassign your gender, to undergoing a process to reassign your gender, or having completed it," This is not equivalent to gender self identification and allows providers of sex-segregated services to deny access to transgender people on a case-by-case basis of "a proportionate means of achieving a legitimate aim".WEB,weblink What the Equality Act says about gender reassignment discrimination, Equality and Human Rights Commission, 15 May 2019, 26 October 2021, WEB,weblink Research Briefing: Gender recognition and the rights of transgender people, Catherine, Fairbairn, Douglas Pyper, Manjit Gheera, Philip Loft, House of Commons Library, 16 July 2020, 26 October 2021, In 2016, the House of Commons' Women and Equalities Committee issued a report recommending that the Gender Recognition Act 2004 be updated "in line with the principles of gender self-declaration".REPORT,weblink Transgender Equality, Women and Equalities Committee, 8 January 2016, House of Commons, Within the current Parliament, the Government must bring forward proposals to update the Gender Recognition Act, in line with the principles of gender self-declaration that have been developed in other jurisdictions. In place of the present medicalised, quasi-judicial application process, an administrative process must be developed, centred on the wishes of the individual applicant, rather than on intensive analysis by doctors and lawyers., 1 November 2021, Later in 2016, in England and Wales, a proposal was developed under Theresa May's government to revise the Act to introduce self-identification, but it was dropped in 2020 after opposition. Instead, Boris Johnson's government reduced the cost of application to £5, and the procedure to apply was moved online.In 2018, a YouGov poll for PinkNews of 1688 people across the United Kingdom found that 18% favoured self-identification, 58% said medical approval was needed, with the remainder undecided.NEWS, Gordon, Tom, 3 July 2018, Poll finds people oppose self-declared gender by 3-to-1, The Herald (Glasgow),weblink 17 December 2021, A 2018 government consultation received 102,833 submissions from the public; of these, 39% were submitted via an online form set up by equality charity Stonewall, 7% via a form set up by feminist organisation Level Up, and 18% from a form set up by women's campaign group Fair Play for Women. Out of these submissions, 64% said that there should not be a requirement for a diagnosis of gender dysphoria, 80% were in favour of removing the requirement for a medical report, and 77% were in favour of removing the requirement for people to evidence living "in their acquired gender for a period of time".WEB, King, Daniel, Carrie Paechter, Maranda Ridgway, 22 September 2020, Reform of the Gender Recognition Act — Analysis of consultation responses,weblink 21 October 2021, His Majesty's Stationery Office, 8–9, CP 294, In 2020, Human Rights Watch called for the British government to "uphold the United Kingdom’s human rights obligations by reforming the Gender Recognition Act (GRA) to allow for self-identification and recognition of transgender and non-binary people."WEB, June 17, 2020, Letter to UK Prime Minister on Gender Recognition Reform,weblink NEWS, Parsons, Vic, 18 June 2020, Boris Johnson warned 'regressive' anti-trans plans would put vulnerable trans women at risk of violence, PinkNews,weblink 19 December 2021, In March 2021, the Welsh government's Independent LGBTQ+ Expert Panel called for the British government to reform the Act "in accordance with the principle of self-determination."WEB,weblink A report to Welsh Government outlining recommendations for furthering LGBTQ+ equality in Wales, March 2021, gov.wales, Later in 2021, the Welsh government called for "devolution of as many aspects as possible of the Gender Recognition Act."WEB,weblink The Welsh Government announces new support package for Pride as part of ambitious plans to make Wales the most LGBTQ+ friendly nation Europe, GOV.WALES, On 22 December 2022, the Scottish Parliament passed the Gender Recognition Reform Bill by a margin of 86 votes for and 39 votes against, legislating to allow a Gender Recognition Certification on the basis of self-identification and to extend the process to 16- and 17-year-olds.NEWS, Brooks, Libby, 22 December 2022, Scottish government hails 'historic day' as MSPs pass gender recognition bill, The Guardian,weblink 22 December 2022, On 17 January 2023, the United Kingdom government used section 35 of the Scotland Act 1998 to block the bill from receiving royal assent, the first time section 35 has been used.NEWS, Walker, Peter, UK government formally blocks Scotland's gender recognition law, 17 January 2023,weblink The Guardian, 17 January 2023, After the Scottish Parliament vote, Mark Drakeford, First Minister of Wales, expressed a desire for a similar reform of gender-recognition law in Wales and the legislative competence for the Senedd to enact it;NEWS,weblink Mark Drakeford backs Scottish gender recognition move, BBC News Online, 10 January 2023, 17 January 2023, he described Westminster's section 35 order as a "very dangerous precedent" for devolution.NEWS,weblink Gender reform: Drakeford says Scottish law block is dangerous precedent, BBC News Online, 17 January 2023, 17 January 2023,

Oceania

Australia

In Australia, Tasmania implemented self-declaration in 2019.NEWS,weblink Tasmania's transgender community celebrates legislation milestone, ABC News, April 4, 2019, www.abc.net.au, In 2020, the Tasmania Law Reform Institute completed an investigation of the law's impact that "uncovered no evidence that allowing people to change their officially recorded gender would have any unforeseen legal consequences."WEB,weblink All colours of the rainbow: why Tasmania's new gender identity laws are warranted, Brendan, Gogarty, The Conversation, Later in 2019, the Parliament of Victoria introduced a law that abolished the sex reassignment surgery requirement for legal gender change and allows applicants to self-nominate the sex listed on their birth registration as male, female, or any other gender diverse or non-binary descriptor of their choice.NEWS,weblink Victorians set to win right to choose gender on birth certificates, ABC News, June 18, 2019, www.abc.net.au, WEB,weblink Bill to allow transgender people to change birth certificate without surgery clears first hurdle in Victoria, August 15, 2019, the Guardian,

New Zealand

In New Zealand, gender markers on passports and drivers licences have worked on a self-declaration basis since 2012. In November 2017, the New Zealand Parliament introduced the Births, Deaths, Marriages, and Relationships Registration Bill to allow people to change the sex on their birth certificates on a self-declaration basis as well.WEB, Births, Deaths, Marriages, and Relationships Registration Bill,weblink New Zealand Parliament, 22 August 2021, The bill passed its first reading in December 2017 and passed its second reading in August 2021.WEB, Births, Deaths, Marriages, and Relationships Registration Bill — First Reading,weblink New Zealand Parliament, 21 September 2021,weblink 21 September 2021, 5 December 2017, live, NEWS, Smith, Phil, Births, deaths, and genders: a quiet bill goes loud,weblink 22 August 2021, Radio New Zealand, 12 August 2021,weblink 18 August 2021, live, The bill was unanimously approved by Parliament on its third reading and will come into effect in 2023.WEB,weblink Parliament unanimously passes sex self-identification law, simplifying changes to birth certificates, Manch, Thomas, 9 December 2021, Stuff, The Human Rights Commission has supported the bill, stating that it would "ultimately help reduce discrimination."NEWS, Birth certificate changes welcomed by takatāpui, trans and non-binary people,weblink 31 August 2021, Human Rights Commission, 10 August 2018,weblink 2 May 2021, live, The bill has also been supported by the Māori Women's Welfare League and the National Council of Women of New Zealand.WEB,weblink Explainer: The decades-long battle for gender self-identification, Mitchell, Charlie, November 6, 2021, Stuff,

Academic research

A 2019 paper in International Journal of Environmental Research and Public Health said that several studies have found that legal gender recognition frameworks based on pathologization can have negative effects on transgender and intersex individuals.JOURNAL, Gender Identity: The Human Right of Depathologization, Maria Elisa, Castro-Peraza, Jesús Manuel, García-Acosta, Naira, Delgado, Ana María, Perdomo-Hernández, Maria Inmaculada, Sosa-Alvarez, Rosa, Llabrés-Solé, Nieves Doria, Lorenzo-Rocha, January 15, 2019, International Journal of Environmental Research and Public Health, 16, 6, 978, 10.3390/ijerph16060978, 30889934, 6466167, free, A 2018 study in BMC International Health and Human Rights said that "in most countries where transgender people are refused legal recognition of their gender identity, this might lead to further human rights violations, impacting their access to education, employment, healthcare, social security, and legal protection" and that "many countries that do permit the modification of gender markers on identity documents impose abusive requirements, such as forced or otherwise involuntary surgery, medical diagnosis, long, costly and complicated judicial procedures." A 2017 study in Critical Social Policy said that "legal requirements based upon trans-related diagnoses pose a risk of reintroducing surgical and hormonal practices through the back door. Moreover, these diagnoses act as gatekeeper to other healthcare services and citizenship rights."JOURNAL, Davy, Zowie, Sørlie, Anniken, Schwend, Amets Suess, Democratising diagnoses? The role of the depathologisation perspective in constructing corporeal trans citizenship, Critical Social Policy, February 2018, 38, 1, 13–34, 10.1177/0261018317731716, 10852/60783, 149135054,weblink free, Sex/gender self-determination is now in international public consciousness due to numerous media commentaries, governmental debates and the corresponding and relatively fast-paced shifts in legal and policy constructions regarding trans, sex/gender expansive, and intersex people in law and medicine Davy, Z. (2021). Sex/Gender and Self-Determination: Policy developments in Law, Health and Pedagogical Contexts. Bristol: Policy PressA 2020 study from the University of Bristol found that "being able to change gender legally without having to rely on medical diagnosis and treatment would make older age a much more positive experience for many trans individuals seeking to transition in later life."WEB,weblink The importance of self-identification for trans older adults in the UK – Comment and analysis, policystudies.blogs.bristol.ac.uk, A 2021 study in Labour Economics found that removal of surgical requirements for legal gender recognition "is associated with an increase in the employment rate of FtM transgender people of around 9 to 20%."JOURNAL, Mann, Samuel, Transgender employment and gender marker laws, Labour Economics, December 2021, 73, 102072, 10.1016/j.labeco.2021.102072, 239245005, Several researchers have also found that self-identification laws will not necessarily address all issues faced by trans people by themselves, especially if such laws restrict legal gender to a binary or are not accompanied by other reforms, such as in healthcare.JOURNAL, hartline, france rose, Examining Trans Narratives in the Wake of Norway's Gender Recognition Law, A/B, 2 January 2019, 34, 1, 67–87, 10.1080/08989575.2019.1542822, 220315222, JOURNAL, Alm, Erika, Engebretsen, Elisabeth L., Gender Self-identification, Lambda Nordica, 15 June 2020, 25, 1, 48–56, 10.34041/ln.v25.613, 225712334, free, 11250/3048285, free, JOURNAL, Cannoot, Pieter, '#WontBeErased': The effects of (de)pathologisation and (de)medicalisation on the legal capacity of trans* persons, International Journal of Law and Psychiatry, September 2019, 66, 101478, 10.1016/j.ijlp.2019.101478, 31706402, 201975564, JOURNAL, Nirta, Caterina, A Critique of the Model of Gender Recognition and the Limits of Self-Declaration for Non-Binary Trans Individuals, Law and Critique, July 2021, 32, 2, 217–233, 10.1007/s10978-021-09286-y, 226790423, free, A 2018 article from Chris Dietz of the University of Leeds on the legal gender recognition system in Denmark found that "recognition may be practically inaccessible in the absence of corresponding health care provision" and that "positivity around the law was mitigated by contemporaneous reforms taking place in the Danish health care system" which had the effect of certifying "a de facto monopoly for authorising [trans healthcare] treatments at the Sexological Clinic (Sexologisk Klinik) of the National Hospital (Rigshospitalet) in Copenhagen".JOURNAL, Dietz, Chris, Governing Legal Embodiment: On the Limits of Self-Declaration, Feminist Legal Studies, July 2018, 26, 2, 185–204, 10.1007/s10691-018-9373-4, 56458682,weblink Research has also found that legal gender recognition laws based on self-declaration do not necessarily, by themselves, guarantee access to proper identity documentation. A 2014 study on the Argentinian law found that "uptake of this right has not been homogenous," in particular that "foreign born status was a strong negative correlate of new ID acquisition," on top of other challenges faced by immigrants in the country.JOURNAL, 4136870, 2014, Socías, M. E., Marshall, B. D., Arístegui, I., Zalazar, V., Romero, M., Sued, O., Kerr, T., Towards Full Citizenship: Correlates of Engagement with the Gender Identity Law among Transwomen in Argentina, PLOS ONE, 9, 8, e105402, 10.1371/journal.pone.0105402, 25133547, 2014PLoSO...9j5402S, free, A 2021 paper in the Journal of Human Rights said that "trans activists in India argue that many authorities claim ignorance of the process, denying and rejecting transgender persons’ applications for identity documents with the justification that they do not know the procedures around providing IDs to persons of 'their gender.'"JOURNAL, 10.1080/14754835.2020.1845129, Law, gender identity, and the uses of human rights: The paradox of recognition in South Asia, 2021, Jain, Dipika, Dasgupta, Debanuj, Journal of Human Rights, 20, 110–126, 231689769, A 2020 paper in the Modern Law Review about the proposed reforms to the UK's Gender Recognition act argued that the reforms would not erode the existing exemptions in the 2010 Equality Act permitting a reliance on sex instead of gender identity, and that, based on existing research, they would "not lead to a significant increase in harms to non-trans women."JOURNAL, Sharpe, Alex, Will Gender Self-Declaration Undermine Women's Rights and Lead to an Increase in Harms?, The Modern Law Review, May 2020, 83, 3, 539–557, 10.1111/1468-2230.12507, 214079382, A 2017 paper from Peter Dunne of Trinity College Dublin said that "there is also little (if any) support for the idea that trans protections facilitate cisgender predators who feign a trans identity to perpetrate assaults in women-only space. In reality, concerns over the supposed threat of trans identities often reveal lingering anti-trans prejudice, reproducing historic tropes about the ‘deviant’, ‘deceptive’ or ‘unstable’ trans individual."JOURNAL, Dunne, Peter, (Trans)Forming Single-Gender Services and Communal Accommodations, Social & Legal Studies, October 2017, 26, 5, 537–561, 10.1177/0964663917692027, 1983/15c4a518-2967-4656-9829-2c578ac9dc60, 152264018,weblink A 2018 study, from the Williams Institute in the United States, found that passing non-discrimination laws based on self-declared gender identity "is not related to the number or frequency of criminal incidents" in public spaces such as toilets and changing rooms and that "fears of increased safety and privacy violations as a result of nondiscrimination laws are not empirically grounded."JOURNAL, Hasenbush, Amira, Flores, Andrew R., Herman, Jody L., Gender Identity Nondiscrimination Laws in Public Accommodations: a Review of Evidence Regarding Safety and Privacy in Public Restrooms, Locker Rooms, and Changing Rooms, Sexuality Research and Social Policy, March 2019, 16, 1, 70–83, 10.1007/s13178-018-0335-z, 149893864,weblink

See also

• Feminist views on transgender topics
• Legal status of transgender people
• Transgender people in sports

References

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